The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (two months of imprisonment and two years of suspended execution) of the lower court is too unreasonable.

2. Considering that the time when the defendant damaged the house after being notified of the termination due to the remainder of payment from the seller, the quality of the crime cannot be deemed to be light, but it is against the defendant, and there is no criminal record of the same kind or imprisonment without prison labor or more. Above all, the defendant decided to purchase the two bonds owned by the victim at the court of first instance to a higher price than the existing sales contract and agreed smoothly with the victim, and taking into account all other circumstances, such as the motive and circumstance of the crime in this case, the defendant's age, character and conduct, and environment, etc., the sentence of the court below seems to be too unreasonable.

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.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding part of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense and Article 366 of the Selection of Punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;