The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. The sentence imposed by the court below (one year and two months of imprisonment) is too unreasonable.

2. The judgment has the history of punishing the defendant for the same crime, and the defendant is bound to be held liable in that the damage has not been recovered even after a long time has passed since the crime was committed with a high amount of damage.

However, in full view of the following circumstances: (a) the Defendant’s health status is not good for the aged; (b) the Defendant recognized the offense for the first time in the trial; (c) the Defendant appears to have discharged approximately KRW 30 million to the victim; and (d) other circumstances that form the conditions for sentencing and sentencing specified in the instant pleadings and records, such as the Defendant’s character, conduct, environment, and circumstances of the offense; and (b) the Defendant’s assertion is somewhat unreasonable, and thus, is reasonable.

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.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act; Article 347(1) of the Criminal Act; Article 30 of the Criminal Act; the choice of imprisonment;

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