The judgment of the court below is reversed.

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

However, the period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The fact that the amount of defraudation caused by the instant crime is not significant is disadvantageous to the sentencing.

On the other hand, the defendant recognized the crime of this case against the judgment of the court, the actual amount of damage suffered by the victim was KRW 56 million, and the defendant deposited KRW 10 million in the trial of the court and partly recovered the damage, and the victim could have acquired economic benefits in excess of the actual amount of damage, such as ordering construction work equivalent to KRW 20 billion after the acquisition of the company of this case, and although the company of this case reached the closure status of business, the company of this case was liable for the payment of the construction payment due to the non-payment to the subcontractor of this case.

It is difficult to see that the defendant is an initial offender who has no record of criminal punishment, and that the defendant is an initial offender who has no record of criminal punishment.

In full view of the above circumstances and other circumstances, such as the Defendant’s age, sex, environment, motive, means, and consequence of the instant crime, etc., the sentence of the lower court, even if considering the unfavorable circumstances as seen earlier, is deemed to be too unreasonable as it is too unreasonable.

Defendant’s assertion is with merit and prosecutor’s assertion is without merit.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment below is ruled as follows after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence acknowledged by the court below is identical to the corresponding column of the judgment below, except for the alteration of “1.1. Defendant’s partial statement in court” to “1. Defendant’s only court statement” among the summary of evidence. As such, Article 369 of the Criminal Procedure Act is applicable.