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 summary of the grounds for appeal is unreasonable because of the defendant's imprisonment for six months with prison labor declared by the court below.

2. In light of the contents, methods, and results of the instant crime, etc., the circumstances unfavorable to the Defendant are recognized, such as the fact that the crime is not less complicated. However, while the Defendant led to the confession of the instant crime and stated that his mistake is divided in depth, there are some circumstances to consider the motive for the instant crime, the victim company’s withdrawal in the trial by mutual agreement with the Hyundai Social Stock Company and the Defendant, the existence of a dependent, the existence of a family member, there is no criminal history beyond the fine, and there is no criminal history beyond the same criminal history. In general sentencing in the same and similar cases, the ordinary sentencing in the instant case, including the Defendant’s age, character and behavior, character, intelligence and environment, the motive, motive, means and consequence of the instant crime, the circumstances after the instant crime, criminal records and family relations, etc., the Defendant’s argument is somewhat unreasonable. Thus, the Defendant’s argument is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts charged and the summary of the evidence, and thus, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the choice of imprisonment;

1. The grounds for the suspended sentence under Article 62(1) of the Criminal Act (limited to the reasonable circumstances) are as follows: (a) comprehensively taking into account all the circumstances constituting the conditions for the sentencing specified in the argument of the instant case, including each circumstances, as seen in light of the reasoning for sentencing; and (b) the sentence is to be imposed as ordered.