The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. It is recognized that the amount of damage caused by the instant crime exceeds KRW 200 million.

However, the defendant led to the confession of the crime in the trial, and seriously reflects his mistake.

The KRW 100 million out of the amount of damage KRW 200 million was paid by the injured party by the return of the lease deposit succeeded from the accused.

In addition, the defendant deposited 100 million won of the remaining amount of damage for the victim when it comes to the judgment of the party.

There is no criminal record in the defendant, and there is no record of criminal punishment in addition to punishment by a fine twice in 1993.

A defendant has a family member to be supported by him/her.

In full view of the above circumstances and the defendant's age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the scope of sentencing guidelines set forth in the Supreme Court's sentencing guidelines for the establishment of the sentencing committee (a period of 10 months to 2 years and 6 months) / [the scope of recommending punishment] types 2 (a period of 10 million won or more, less than 50 million won) and mitigation area (a period of 10 months to 2 years and 6 months) [a person subject to special mitigation] mitigation area (a period of 10 months or less, 10 million won) [a person subject to special mitigation] mitigation of punishment or damage to a considerable part, the sentence imposed by the court below against the defendant is somewhat unreasonable.

Therefore, the defendant's argument is justified.

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

【Grounds for the Judgment of the court which has been used again] The facts constituting a crime and the summary of the evidence recognized by the court and the summary of the evidence are described in the summary column of the evidence as stated in the judgment of the court below in addition to changing “1. Part of the Defendant’s legal statement” to “1. Defendant’s original trial statement”.