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

2. In light of all kinds of sentencing conditions indicated in the instant case, such as the circumstance that the Defendant had no record of being punished for a fine for a drunk driving in 2006, and the amount of damage is 30 million won or more, and the crime in this case was acquired by taking money as a loan for the commission of loan to the offender itself, and the nature of the crime was bad, and the damage was not so agreed with the victim until five years have passed since the crime in this case was committed and the damage was not recovered, etc., the lower court’s punishment is deemed to be unfair as it is deemed unreasonable, and the prosecutor’s assertion is reasonable.

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

Criminal facts

The summary of the facts charged and the evidence admitted by this court is identical to each corresponding column, except that the statement of the defendant in the first trial record of January 1 as "the statement of the defendant in the trial record of the court below" is deemed as "the defendant's legal statement in the court below of the court below" among the summary of the evidence of the court below's judgment. Thus, it is cited

Application of Statutes

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