The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The judgment of the court below is inappropriate in light of the following circumstances: the defendant appears to be against the crime of this case; the defendant paid the victim KRW 30,80,000 at the court below's trial and KRW 32 million at the court below's trial; the victim does not want the punishment by agreement with the victim; the defendant's family members do not have any other criminal records except for the defendant's one-time fine sentenced in fraud; and the defendant's family members are willing to make efforts to prevent recidivism; the defendant's age, character and behavior, environment, circumstances leading to the crime of this case, motive and motive leading to the crime of this case; and other various circumstances that form the conditions for sentencing specified in the records and arguments of this case.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. As such, the defendant's argument of unfair sentencing is with merit, and the judgment of the court below is reversed and it is decided again as follows.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, it is acceptable to accept it as it is 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 punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;