The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Summary of Grounds for Appeal

The punishment sentenced by the court below (eight months of imprisonment) is too unreasonable.

Judgment

On the other hand, the crime of this case is committed by deceiving that the defendant would provide the victim, who is a private village, as security, with the money already provided as security, to pay the interest in arrears of KRW 100 million, which has already been paid to the debtor, and the crime of this case is not less complicated. Nevertheless, the defendant's damage recovery or did not reach an agreement up to the trial is unfavorable to the defendant, but it is against the defendant's depth during the period of detention for about two months. The crime of this case seems to have been committed in the course of operating the company, and there are some circumstances showing that the defendant was faced with money, and there are no other criminal records except for the punishment of a fine imposed once due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the motive and circumstances of the crime of this case, the circumstances after the crime, the age of the defendant's age, personality and conduct, etc., and the circumstances in the records and arguments of this case are considered to be unfair.

Thus, the defendant's appeal is justified, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is judged as follows.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment below, and they are 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;

1. Circumstances favorable to the defendant among the reasons for reversal as stated earlier of Article 62(1) of the Criminal Act.