A defendant shall be punished by imprisonment with prison labor for up to six months.

except that, for two years from the date this judgment becomes final and conclusive.

2. The following determination is an unfavorable circumstance to the Defendant.

The total amount of damage is not more than KRW 90 million.

On the other hand, the following conditions are favorable.

At the time of the trial, the victims agreed to recover part of the damage and agree with the victim H.

There is no record of punishment for the same crime.

In addition, considering the circumstances leading to the instant crime, circumstances after the instant crime, Defendant’s age, character and conduct, environment, etc., various sentencing conditions as shown in the instant records and arguments, and the scope of recommending sentencing guidelines, etc., the lower court’s punishment is deemed to be too unreasonable, and thus, the Defendant’s assertion is reasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again ruled as follows.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence, as stated in the corresponding column of the judgment of the court below, are the same as stated in the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369

Application of Statutes

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;