A defendant shall be punished by imprisonment for not less than one year and six months.

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

2. Determination: ① the amount of damage caused by the instant crime is not significant; ② the fact that the Defendant was punished for the same kind of crime (4 million won) is disadvantageous.

① The Defendant recognized each of the crimes of this case and reflected in depth, ② the Defendant did not have any other criminal punishment except for those subject to a fine, ③ the Defendant made efforts to recover damage to the victim, such as an agreement to transfer the right of patent to E by the victim, ④ the Defendant and the victim agreed in the first instance, ④ the Defendant and the victim wanted not to punish the Defendant, ⑤ the number of days of detention of the Defendant and the number of days of detention is deemed to have more than three months, and ④ the social relationship of the Defendant appears to be relatively clear.

In addition to each of the above circumstances, considering the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Committee, and other various conditions of sentencing as shown in the records and arguments of this case, such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc., the sentence of the court below is too unreasonable.

3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment below is ruled again after pleading as follows.

【Judgment to be used again] The summary of facts constituting an offense and evidence recognized by the court is identical to the relevant column of the judgment below, and thus, it is citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;

1. The grounds for appeal are examined prior to the reasons for sentencing under Article 62(1) of the Criminal Act, and the sentencing factors of sentencing guidelines are examined.