A defendant shall be punished by imprisonment for two years.

However, the above punishment shall be imposed for three years from the date this judgment becomes final and conclusive.

2. The Defendant recognized and reflected his criminal act in the first instance.

The defendant paid the victim additional KRW 10 million to the victim in the trial of the party, and set up a right to collateral security of the maximum amount of KRW 200 million to the creditor with respect to apartment owned by himself/herself, and the victim does not want the punishment of the defendant by agreement with the victim.

The defendant's wife seems to involve excessive difficulties for the family members of the defendant's custody due to the person with a disability of the second degree.

It is necessary to consider equity in the case of judgment at the same time as a judgment becomes final and conclusive.

In addition, comprehensively taking account of the various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, family relationship, and circumstances after the crime, the sentencing of the court below is too unreasonable.

3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment shall be rendered after pleading.

【Grounds for the judgment to be used again] Criminal facts and summary of evidence acknowledged by the court below are identical to the corresponding column of the Criminal Procedure Act, except for the alteration of “the Defendant’s partial statement” to “the Defendant’s oral statement in court” in the column for the evidence of the court below’s judgment. As such, it is acceptable as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment: Imprisonment with prison labor for not more than 15 years;

2. The scope of the recommended punishment according to the sentencing criteria (a type of determination).