The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

The summary of the grounds for appeal (unfair punishment) sentenced by the court below (one year of imprisonment) is too unreasonable.

Judgment

In full view of various circumstances, including the Defendant’s age, character and conduct, motive, means and consequence of the crime, etc., the Defendant’s punishment imposed by the lower court appears to be somewhat unreasonable, and thus, the Defendant’s assertion is reasonable. The Defendant’s argument is with merit, given that the Defendant’s punishment imposed by the lower court is somewhat unreasonable, as it appears that the Defendant was incurred while carrying out his business in an unreasonable way in the process of borrowing funds to implement redevelopment projects. The Defendant deposited KRW 180 million to the victim at the trial, thereby recovering most of the damaged amount to KRW 200 million. The Defendant has no special criminal power except for the punishment imposed twice by fine.

Therefore, since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns 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. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of favorable circumstances examined in the grounds for reversal);