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

However, for three years from the date this judgment becomes final and conclusive.

The punishment of the court below (one year and six months of imprisonment) is too unreasonable.

2. The decision-making defendant acquired 285 million won against the victim, and there is a need for a warning to comply with the scale of damage, etc.

However, this case is a criminal case in which disputes arising from the monetary relationship between the defendant who is the intermediary and the victim have been settled. In light of the fact that the defendant agreed to compensate all the amount requested by the victim and agreed to compensate for the amount requested by the victim at the time of the trial, the defendant's age, character, conduct and environment and other conditions of sentencing indicated in the records, the sentence of the court below sentenced to the defendant is too unreasonable.

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

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows. The summary of the judgment of the court below does not change the “written statement of the defendant in the first trial record” into the “written statement of the defendant in the trial record” as “written statement of the defendant in the trial record of the defendant,” and thus, it is identical to the corresponding column of the judgment of the court below. Thus,

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;

1. Suspension of execution under Article 62(1) of the Criminal Act (see the above Article 62(2) in light of the circumstances favorable to the defendant)