The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the above punishment shall be imposed for two years from the date of the final judgment.

1. The sentence imposed by the lower court (four months of imprisonment) is too unreasonable.

2. The amount of damages inflicted on the victim by the Defendant is a large amount of KRW 30 million, and the period of the crime is considerably less than four months, the frequency of the crime exceeds 610 times, and the criminal records of the same kind are disadvantageous to the Defendant.

However, the fact that the defendant recognized the crime of this case and reflected against the defendant, and that the defendant repaid all the amount of damage to the victim in the trial, and accordingly expressed the victim's intention not to punish the defendant is favorable to the defendant.

In full view of the above normal relationship and other circumstances such as the defendant's age, occupation, character and conduct, environment, and circumstances after the crime, the court below's punishment against the defendant is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. 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, and the following is ruled again after pleading.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting the crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of the

Application of Statutes

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (2) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

1. The sentence shall be determined as ordered in light of the various circumstances described in the judgment on the grounds of appeal for the sentencing under Article 62(1) of the Criminal Act.