A defendant shall be punished by imprisonment for four months.

2. The sentence imposed by the court below is within the scope of the applicable sentences and the recommended range of punishment according to the attached sentencing guidelines (from April to two years of imprisonment).

While considering the defendant's reflectivity as favorable sentencing factors, the punishment was determined in consideration of property crime records, recovery of damage, etc.

On June 18, 2019, the Defendant submitted to L each remitted data of KRW 1 million on January 14, 2020, KRW 1 million on April 11, 2020, KRW 11 million on January 30, 2020, and KRW 2.6 million on February 4, 2020 to L.

Although the remittance details of the Defendant did not clearly prove the damage of this case, it is difficult to conclude that it is not the damage of this case, taking into account the most favorable sentencing factors.

In addition, if we review the sentencing factors, the amount of the original sentence is somewhat inappropriate.

3. The appeal by the defendant is justified.

Pursuant to Article 364 (6) of the Criminal Procedure Act, the judgment of the court below shall be reversed and it shall be judged again after pleading

Criminal facts

Criminal facts and the summary of evidence recognized by this court are as shown in the corresponding column of the judgment of the court below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 355 (1) of the Criminal Act selecting a penalty;

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