The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. The summary of the grounds for appeal (unfair sentencing) explicitly withdrawn the remaining arguments, excluding the unfair argument in sentencing, on the first trial date.

The sentence of the lower court (one year and six months of imprisonment) is too unreasonable.

2. It is recognized that the amount of damage is very large to KRW 340 million, etc.

However, the defendant is recognized as committing the crime in the first instance and is against the defendant, and the defendant also believed the horses of E, a partner of the studio construction business in this case and committed the crime in this case. Therefore, the degree of deception is somewhat minor, the victim does not want the punishment against the defendant by agreement with the victim in the first instance, the victim does not want the punishment against the defendant by agreement with the victim in the second instance, and the defendant's age, sex, sex, environment, motive and circumstance of the crime, the means and consequence of the crime, etc., and the balance between the punishment and the punishment in the same and the similar case, shall be considered in light of various circumstances that are the conditions for the punishment specified in the records and the theory of changes, such as the defendant's age, sexual behavior, environment, motive and circumstance of the crime, and the means and result of the crime.

The decision is judged.

We accept the defendant's unfair argument in sentencing.

3. As 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 appeal by the defendant is again decided as follows.

【Inasmuch as the judgment to be used again is the same as the corresponding column of the judgment of the court below, the summary of the facts constituting the crime and the evidence recognized by this court and the summary of the evidence shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act, except for the case where the "ended" of the 5th through 6th of the judgment of the court below as "ended."

Application of Statutes

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

1. The reasons for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes.