A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

2. Determination of the amount of damage in this case is a large amount of damage, and that there is a previous fault with the defendant, etc. are disadvantageous factors to the defendant.

However, in full view of the factors of sentencing favorable to the defendant and other factors of sentencing as shown in the argument of this case, such as the fact that the defendant recognized his mistake and reflects it, that the defendant fully pays the amount of damage to the victim in the trial, that the defendant agreed with the victim, and that the balance of punishment should be considered when the judgment was rendered simultaneously with the crime of violation of the Attorney-at-Law Act that became final and conclusive. The

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

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. Article 347 (1) of the relevant Act concerning the facts constituting an offense and Article 347 of the multiple-choice Act;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act (including circumstances favorable to the defendant in light of the aforementioned circumstances);