A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

A. The lower court’s imprisonment (six months of imprisonment) against the Defendant and his defense counsel is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. In light of the fact that the amount acquired by the defendant is more than 40 million won and that the victim wants to punish the defendant as a result of the failure to reach an agreement with the victim, etc., the judgment of the court below should be punished strictly. However, the defendant's deposit KRW 20 million for the victim when the defendant was in the trial, recognized the crime, and was detained for about 2 months, and seems to be against the defendant's depth. The defendant has no record of being sentenced to the same criminal record or imprisonment without prison labor, there is no record of being sentenced to the defendant's health, the defendant's age, character and behavior, environment, family relationship, circumstances after the crime, etc., the court below's punishment is somewhat somewhat unreasonable. Thus, the defendant and his defense counsel's allegation of unfair sentencing is without merit, and the prosecutor's allegation of unfair sentencing is without merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

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

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution (Taking into account the preceding reasons for reversal);