A defendant shall be punished by imprisonment for four months.

2. The amount of damage to the crime of this case exceeds KRW 48 million. However, in light of the fact that the Defendant did not take measures to compensate for the damage, such as agreement with the victim or additional repayment of the amount of damage, in addition to the repayment of KRW 9 million as interest before the prosecution was instituted, and the victim borrowed money from the financial institution to the Defendant, it seems that the Defendant suffered considerable damage, such as payment of interest, etc. up to now, it is necessary to punish the Defendant with severe punishment, and it is inevitable to sentence punishment.

However, in full view of the following: (a) the Defendant’s time to commit the instant crime and his mistake is divided; (b) there is no other force except the sentence of a fine twice due to the instant crime; (c) the Defendant actually operated a restaurant at the level of 48 million won, and other various sentencing conditions in the records and arguments, including the Defendant’s age and happiness environment; and (d) the circumstances before and after committing the instant crime, the lower court’s sentence against the Defendant is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the crime and evidence against the defendant recognized by the court is identical to the corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;