The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. In light of the fact that the defendant can have the same record of punishment and committed the instant crime during the period of probation for the same crime, the sentence of the court below (hereinafter referred to as a fine of KRW 10 million) is too unhued and unreasonable.

2. The fact that the Defendant agreed to pay part of the amount of damage to the victim and to pay the remainder by dividing the amount into a certain amount of the Defendant’s salary is favorable to the Defendant.

However, it is not yet completely restored to the victim.

In addition, on July 21, 2017, the Defendant was sentenced to two years of imprisonment with prison labor for a period of six months on July 21, 2017 and was sentenced to two years of probation on July 29, 2017, and was committed the instant crime from July 20, 2017 to November 7, 2017.

In addition, the defendant has a number of criminal records of the same kind.

In addition, considering the character and conduct of the defendant, the background and result of the crime of this case, the circumstances after the crime, etc. and the sentencing conditions shown in the arguments, the sentence of the court below is deemed unfair.

3. In conclusion, the prosecutor'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 it is again decided as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);