The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

1. The decision of the court below on the gist of the grounds for appeal (eight months of imprisonment) is too unreasonable.

2. The fact that the amount of damage caused by the instant crime is not significant, and that the Defendant has been punished for the same crime is disadvantageous to the Defendant.

On the other hand, the following conditions are favorable.

The defendant reflects his fault in depth.

The Defendant compensated the victim for 40 million won out of the amount of damage, and prepared and issued a loan certificate under the name of the Defendant’s wife with respect to 30 million won of the remaining amount of damage, and made efforts to recover the damage to the victim, thereby making full agreement with the victim.

In addition, when comprehensively considering the circumstances of the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., various sentencing conditions as shown in the records and arguments, and the scope of recommended sentences according to the sentencing guidelines of the Sentencing Committee (one month to one year) / [the scope of recommended sentences] under the mitigated area (one month to one year) (one year) [special mitigated persons] under the mitigated area (one month to one year), or where considerable damage was recovered, the lower court’s punishment is somewhat unreasonable, and thus, the Defendant’s assertion is reasonable.

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

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the choice of punishment (in comprehensive, the choice of imprisonment);

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That the main sentence of Article 39 (1) (inter-Korean between fraud and embezzlement, etc. for which judgment becomes final and conclusive);

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the above);