The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

1. The summary of the grounds for appeal (one year and four months of imprisonment) by the lower court is too unreasonable.

2. The Defendant has the following disadvantageous circumstances:

The Defendant committed the instant crime during the period of repeated crime due to the same crime.

The amount obtained by the defendant from the victim exceeds KRW 100 million.

However, there are the following favorable circumstances for the defendant.

The defendant recognized the crime of this case and is against the law.

The defendant has recovered from damage in the course of the trial and agreed with the victim.

The health of defendants is not good.

In light of the sentencing conditions as shown in the argument of this case, including the circumstances favorable to the defendant, the sentence imposed by the court below was changed in the trial, resulting in the change in the sentencing conditions, so it was too unreasonable.

Therefore, the defendant's above assertion is justified.

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.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. Determination of the sentence like the order shall be made in consideration of the various circumstances as seen in the judgment of the grounds for sentencing Article 35 of the Criminal Act among repeated offenders.