A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

2. The fact that the sum of the acquired money in this case is KRW 130 million is the higher amount is disadvantageous to the Defendant.

On the other hand, the fact that all of the crimes of this case are recognized by the defendant, and reflects his mistake, and that the amount of the money acquired by the defendant has been deposited in the trial and completed the recovery of the damage, and that the defendant has no record of punishment for the same crime until now, etc. are favorable to the defendant.

Considering such circumstances as above and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and various circumstances, which are the sentencing as shown in the records and arguments of this case, such as the circumstances after the crime, the sentence imposed by the court below is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in each corresponding column 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 provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of punishment;

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

1. Determination of the sentence as ordered by comprehensively taking account of the conditions of sentencing as seen earlier prior to the reason of sentencing under Article 62(1) of the Criminal Act.