2. The defendant shall be punished by imprisonment with prison labor for eight months;

2. The crime of this case, although the defendant did not have the intent or ability to settle the price even if he was supplied with timber from the victim, is supplied with timber equivalent to KRW 19 million from the victim. The defendant led to a financial shortage in the process of expanding the factory by the defendant's operation with F, and it seems that there are some grounds for some consideration in the process of the crime.

However, in full view of the following facts: (a) the amount of damage caused by the instant crime is considerable; (b) the Defendant repaid the amount of damage to the victim or did not agree with the victim; (c) the result of the application of the sentencing guidelines by the Sentencing Committee (the scope of recommending punishment: one year to four years by imprisonment); and (d) the Defendant’s age, character and conduct, environment, circumstances, means and consequence of the instant crime; and (d) the conditions of all the sentencing indicated in the instant records and arguments,

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;