A defendant shall be punished by imprisonment for not less than eight months.

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

The sentencing of the court below (limited to eight months of imprisonment, two years of suspended execution, and 120 hours of community service) is too unreasonable.

Judgment

In addition, the Defendant committed the instant crime even though he/she had been subject to criminal punishment at least six times in total, including that he/she was punished once for the same crime, and the amount of damage of this case has not reached a considerable amount of KRW 135 million, etc., which are unfavorable to the Defendant, but are contrary to all the Defendant’s confessions of the instant crime, and the Defendant recovered from damage by repaying damage to the victim, which is the substantial benefit subject of the instant loan, and the Defendant seems not to be easy to implement the community service order because he/she is not in a state of health due to the physical disability of class 5. In addition, considering the motive and circumstance of the instant crime, circumstances after the instant crime, Defendant’s age, character and behavior, environment, etc., the sentencing of the lower court is somewhat unreasonable.

As 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 the following is ruled again.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment below, and they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 347(1) and 30 of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspension of execution (i.e., circumstances favorable to the defendant among the grounds for reversal in the front);