A defendant shall be punished by imprisonment for not more than ten months.

However, the period of two years from the date this judgment becomes final and conclusive.

In light of the following circumstances: (a) the Defendant was in the first instance trial, and the Victim KRB Life Insurance Co., Ltd., Ltd., which can be deemed a substantial victim by recovering the insurance contract fee; (b) the Defendant agreed with the victim I also; (c) the Defendant did not have any criminal record other than being punished twice by a fine; (d) the Defendant was living in prison; and (e) his mistake was divided through the Defendant’s age and environment; and (e) other circumstances, which are the conditions of sentencing, such as the Defendant’s age and environment, the sentence of the lower court is too unreasonable.

Therefore, since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by the court is the same as that of each corresponding column of the judgment below, and thus, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning facts constituting an offense. Article 347 (Selection of Imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [Scope of Recommendation] No person who is subject to special sentencing in the basic area (one to four years) of Class 2 (one hundred million won or more, or less) (one to four years) of the Act on the Suspension of Execution: [Disposition of Multiple Crimes] from August to April (one step higher than that of the most serious single crime as a result of the treatment of the same concurrent crimes), and 1/3 of the above sentencing range (one-third of the lowest sentence range as a result of the treatment of the same concurrent crimes) [Criteria for the decision of the suspended sentence] The general reason for affirming the suspended sentence: There is no criminal conviction above the suspended sentence; part of the damage [decision of sentence]. It is so ordered as per Disposition by taking account of all the circumstances in the above reversal