The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal is that the sentence of 8 months in imprisonment with prison labor declared by the court below and the sentence of 2 years in suspended sentence is too unhued and unfair.

2. In light of the favorable circumstances to the effect that the defendant does not want the punishment of the defendant under the agreement with the victim, the defendant was sentenced to a severe punishment at the court below, but the defendant paid only 5 million won out of the agreed amount 28 million won under the above agreement and neglected to pay the victim more damage. The victim again wishes to punish the defendant, even though the defendant provided several opportunities to do so at the trial, the defendant does not have any effort to fulfill the agreement. The crime of this case is likely to have a significant impact on the victim who tried to prepare the base for new life overseas, and the crime of this case is deemed to have been done in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances before and after the crime, etc., the prosecutor's assertion is justified, since the sentence imposed by the court below against the defendant is too unreasonable.

3. According to the conclusion, the judgment of the court below shall be reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following judgment shall be rendered again after pleading.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Social service businesses under Article 62-2 of the Criminal Act;