A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

2. The nature of the crime is not good in that the defendant committed a crime by using the personal trust relationship with the victim.

The amount of damage caused by the instant crime is 19 million won or more, and the damage was not recovered after considerable time from the date of the crime, and the damage actually suffered by the victim seems to have been more severe.

This is disadvantageous to the defendant.

However, the defendant is the first offender who has no record of criminal punishment, and all of his errors are recognized, and is against his depth.

There seems to be some parts of the circumstances in which the Defendant committed the instant crime.

In addition, following the sentence of the judgment of the court below, the defendant paid 19 million won to the victim immediately after the sentence of the judgment of the court below and expressed that the victim does not wish to punish the defendant.

This can be considered as the circumstances favorable to the defendant.

Considering the overall factors of sentencing, such as the motive, background, means and method of the crime of this case, the circumstances before and after the crime of this case, the age, character and conduct of the defendant, and the environment, etc., the sentence of the court below is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

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

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The relevant Article of the Criminal Act and the selection of punishment for the crime shall be punished by imprisonment with prison labor under Article 347 (1) of the Criminal Act;