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

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

2. It is recognized that the defendant has been punished for the same crime only once, and that the amount of the damage in this case reaches KRW 88 million.

However, in the case of a party, the Defendant, even though there was a longer credit agreement, prepared and submitted a written agreement with the victim, and continued to pay the principal and interest of the loan in good faith, which led to approximately KRW 35 million of the principal and interest of the loan.

In addition, in full view of the following: Defendant’s age, living environment, criminal records (one time of the above fine), background leading to the instant case, circumstances after the commission of the crime, and various conditions of sentencing as shown in the instant records and arguments, the sentence imposed by the lower court is unreasonable.

3. As a result, the appeal by the defendant 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 after pleading.

[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by the court is the same as that of the judgment below, and thus, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;

1. The reasons for the reversal of the sentence under Article 62(1) of the Criminal Act are specified in the same sentence as the disposition, taking into account the circumstances in light of the reasons for the reversal of the sentence.