The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The summary of the grounds for appeal (e.g., in a case where: (a) the Defendant committed a mistake and reflects his fault; (b) the Defendant did not intend to obtain money from the victim E in a planned manner from the beginning; and (c) the Defendant deposited KRW 30 million under the name of the damage change in the course of the trial; and (d) the Defendant’s imprisonment (e.g., eight months) is too unreasonable.

2. The judgment of the court below is unreasonable in light of the following circumstances: (a) the extent of damage suffered by the victim is large and the defendant still wanting to punish the defendant for severe punishment until the trial is the case; (b) the defendant has not been subject to a fine or heavier punishment; (c) his mistake has been discovered and reflects his fault; (d) the defendant deposited 30 million won as part of the amount of damage under the pretext of damage compensation in the trial; and (e) other conditions of sentencing as shown in the records and arguments of the case, including the defendant’s age, environment, character and behavior, motive and means of the crime, and circumstances after the crime.

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 it is again decided as follows.

[Discied Judgment] Criminal facts and summary of evidence recognized by this court and summary of evidence are the same as stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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