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

30,000,000 won shall be additionally collected from the defendant.

2. Determination

A. It is recognized that the crime is bad in light of the motive or circumstance in which the defendant received money from the victim or his related person, and the scale of the received money.

B. However, in full view of the various circumstances, including the Defendant’s age, background, and circumstance after the crime, the lower court’s punishment is too unreasonable, even if considering the favorable circumstances of the Defendant, even if the lower court’s punishment is too unreasonable, based on the following circumstances: (a) the Defendant made confessions of all the instant crimes and is against the Defendant; (b) the Defendant did not have the record of identical crimes; (c) the injured party upon agreement with the victim does not want to punish the Defendant (which seems to have yet to have been repaid a significant portion of the damaged amount); and (d) there are family members to support the Defendant; and (c) other circumstances,

Therefore, the defendant's above assertion 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 on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and the case is remanded as follows.

Criminal facts

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

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 357(1) of the Criminal Act, and Article 357(1) of the Criminal Act, the choice of imprisonment for a crime

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

1. The latter part of Article 357 (3) of the Criminal Act;