The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. In full view of the fact that the crime of this case was committed by deceiving the victim as if the defendant, who is the principal position of the trade union, was to pay the election funds borrowed by him, and that the crime of this case was committed by deceiving the victim to gain a benefit by deceiving him, and the nature of the crime is very bad, and the total amount of damage exceeds 400 million won, it is inevitable to punish the defendant with severe punishment, and

However, in full view of the fact that the defendant's time to commit the crime of this case and his mistake is divided, that the defendant agreed with the victim in the trial and repaid a considerable portion of the amount of damage in good faith, and that there is no record of punishment for the same crime, and that there is no record of punishment for the same crime, and other various sentencing conditions as shown in the records and arguments, such as the defendant's age and behavior environment, the situation before and after the crime, etc., the sentence imposed by the court below is somewhat unreasonable.

3. If so, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of the crime and evidence against the defendant recognized by the court is identical to the corresponding column of the judgment below, and thus, it is 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;