A defendant shall be punished by imprisonment for not less than eight 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 following: although the number of crimes in this case is deemed to be poor due to its poor nature, it is recognized that the court below made a serious effort to recover damage, such as additional payment of 10 million won to the victim in the trial in addition to that agreed with the victim in the court below; the victim does not want to punish the victim; the part of the amount acquired by the victim appears to have been used as business funds; the defendant does not have the same criminal power; the defendant does not have the same kind of criminal power; and other sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime; the sentence imposed by the court below against the defendant is deemed to be unfair because the sentence imposed by the defendant is too excessive. Thus, the above argument of the defendant is justified.

3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.

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 of the court 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, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution ( normal consideration in favor of the above judgment);