The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

1. The 6-month imprisonment sentenced by the court below is too unreasonable.

2. In light of the following facts: (a) although it is deemed that the suffering of the victim from the instant crime is very serious and the punishment corresponding thereto is inevitable, it is recognized that the defendant has made efforts to recover damage by depositing 40 million won for the victim in the trial; (b) some of the money acquired by the defendant from the victim appears to have been used as actual construction cost; (c) the defendant has no same criminal power and has no record of being sentenced to a suspended sentence or heavier punishment; (d) the defendant has to not repeat and not repeat the crime; and (e) other 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 instant crime; and (e) considering the 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 before

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 on the Suspension of Execution ( normal consideration in favor of the above judgment);