The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. The punishment of the original judgment against the accused (six months of imprisonment) is too unreasonable.

2. The Defendant has a previous offense 21 times, and among them, the previous offense of breach of trust related to the selection of a reconstruction association constructor is two times (one of the previous offense of breach of trust is the previous offense of suspension of execution), and the crime of this case is also committed in relation to the selection of a reconstruction association constructor, and it is serious in that the Defendant repeats the crime in relation to the selection of a reconstruction association constructor. However, not only the victim of this case but also the Defendant did not want punishment against the Defendant, and the Defendant has recovered from damage by completing repayment of the amount acquired through the trial, and the Defendant shows the form of reflecting the recognition of the crime of this case, the Defendant has been detained for about two months due to the crime of this case, and the Defendant has the time of accommodation by detention for about two months, the Defendant’s age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, etc., it is recognized that the Defendant’s punishment against the Defendant is unreasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified.

Criminal facts

The summary of the evidence and criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the 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 Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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