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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
Reasons
1. The summary of the grounds for appeal is too unreasonable for the lower court’s imprisonment (eight months of imprisonment).
2. The size of the damaged amount (72,00,00 won) caused by the instant crime is one of the following factors: (a) the defendant seriously reflects his mistake; (b) the motive and circumstance leading up to the instant crime; (c) the defendant has agreed to recover the damaged amount to the trial; and (d) the victim has no longer want to punish the defendant; and (d) the victim has no record of criminal punishment except for the same criminal record and the punishment sentenced twice due to drunk driving; and (e) other various circumstances, including the defendant's age, environment, occupation, family relationship, method and consequence of the instant crime; and (e) the sentencing range of the recommended sentence on the sentencing guidelines of the Supreme Court [the scope of sentencing sentence [the scope of punishment sentence (the amount less than 100,000 won): imprisonment with labor for less than 10,000 won; (d) the motive and circumstance leading to the instant crime; and (e) the defendant has agreed to recover the damaged amount to the trial; and (e) the defendant has no negative motive or negative motive to recover the defendant; (ging the defendant's of the suspended execution).
3. According to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled after pleading.
Punishment of the crime
On December 10, 2012, the Defendant concluded a lease agreement with the victim F to lease 1, 105, Dong 105 of the Macheon-si E Apartment, and subsequently, concluded with the victim F, and transferred the down payment amount of KRW 9 million to the victim on the same day, and borrowed KRW 72 million from the LIG Damage Insurance Co., Ltd. (hereinafter “LIG Damage Insurance”) on the same day, and made the said company remit the lease to the victim.