The judgment of the court below is reversed.

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

1. The sentence of the court below (ten months of imprisonment) shall be too heavy.

2. The judgment of this case amounts to KRW 100 million, which did not agree with the victim, and the fact that there is no part of the damage suffered by the victim after the judgment of the court below does not exist, is an unfavorable sentencing factor against the defendant.

However, the fact that the defendant was found to have committed a crime for the first time, and there is no history of punishment heavier than the fine, and that the defendant seems to have endeavored to conduct the business normally without showing that the defendant had planned to commit the crime of this case, is an element of sentencing favorable to the defendant.

In addition, considering all the sentencing factors prescribed by Article 51 of the Criminal Act, including the defendant's age, character and conduct, family relationship, and circumstances of the crime, the sentence of the court below is too unreasonable.

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.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;