A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

2. Although the amount of damage did not amount to KRW 30 million and did not reach an agreement with the victim, the defendant was led to the confession of the defendant, the defendant was detained for about 2 months after the judgment of the court below, which reflects his mistake, which deposited KRW 30 million for the victim, and other factors of sentencing as shown in the records and arguments of this case, including the defendant's age, character and conduct, family environment, background and method of the crime of this case, circumstances after the crime, etc., the sentence of the court below against the defendant is 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 facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Social service order under Article 62-2 of the Criminal Act;

1. Article 32 (1) and (2) and Article 25 (3) 3 of the Act on Special Cases concerning the Dismissal of Applications for Compensation Orders and Promotion, etc. of Lawsuits (It is unreasonable to issue an order for compensation in the criminal proceedings as the scope of liability for compensation is unclear);