A defendant shall be punished by imprisonment for six months.

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

2. In light of the fact that the amount of damage to the instant crime exceeds KRW 99 million, etc., the necessity for a strict punishment for the Defendant is recognized.

However, in full view of the various sentencing conditions as shown in the records and arguments, such as ① the Defendant recognized the instant crime and reflects his mistake, ② the Defendant agreed with the victim at the time of the trial, ③ there is no significant penalty power over the same kind and fine, and the Defendant’s age, family environment, and circumstances before and after the instant crime, it is deemed that the sentence imposed by the lower court is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 346 (6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the 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. Relevant Article 347 (1) of the Criminal Act and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act (Special Consideration in favor of the defendant in the preceding sentence);