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

However, the period of one year from the date this judgment becomes final and conclusive.

2. The judgment defendant committed each of the instant crimes even though he had the same criminal record.

However, the defendant paid the amount of damage to the victim H in the trial of the party, and agreed that the above victim does not want the punishment of the defendant, and is trying to recover the damage by depositing 12 million won, which is the full amount of damage for the victim D.

There is no history of criminal punishment imposed on the defendant beyond the suspension of execution.

In addition, considering the various circumstances, which are the conditions for sentencing as shown in the records and arguments of this case, the sentence imposed by the court below is somewhat heavy.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 347(1) and 355(1) (i.e., embezzlement) of the Criminal Act, Article 355(1) (i.e., embezzlement) of the Criminal Act, and choice of imprisonment for each crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;