The punishment of the court below (eight months of imprisonment) is too unreasonable.

Judgment

Considering the favorable sentencing factors or the fact that the defendant's mistake is recognized, the sum of the amount obtained by the defendant is 126,50,000 won in total; however, no damage has yet to be recovered; and all the amount acquired by the defendant is brush and the circumstances after the crime are very poor, etc., it is an unfavorable sentencing factor. In this court, there is no change in circumstances that vary between the judgment below and the punishment of this case, and there is no other change in circumstances to the court below, and the scope of recommended sentences according to the sentencing guidelines of the Sentencing Committee (general types 1 (10,000 won, but less than 50,000 won): 1 year to 4 years in punishment of the court below, and the scope of recommended sentences according to the sentencing guidelines of the Sentencing Committee (the grounds for appeal by the defendant are without merit.)

3. In conclusion, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

[However, in accordance with Article 25 (1) of the Rules on Criminal Procedure, it shall be corrected that "a comprehensive addition" is made in the application of the judgment of the court below ex officio.]