The judgment below

The remainder, other than the rejection of the application for compensation, shall be reversed.

The defendant shall be sentenced to six months of imprisonment.

1. The main point of the grounds for appeal is that the court below's imprisonment (six months of imprisonment) is too unreasonable.

2. The judgment of the court below is inappropriate in light of all kinds of sentencing conditions indicated in the records and arguments of this case, such as the defendant's age, character and behavior, environment, motive leading to the crime of this case, and circumstance before and after the crime, etc., where the defendant worked as the head of the Suhyup Branch, and the victim acquired 30 million won from the victim under the pretext of revenue, and the nature of the crime is not less severe. However, in the case of the trial, the victim wanted to take care of the defendant by agreement with the victim, and the defendant is living in custody for a considerable period of time, and the defendant has no specific penalty power, and the defendant has no other penalty power.

3. As such, the defendant's appeal is with merit, and the remaining part of the judgment below's rejection of application for compensation is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is as follows, except for the addition of “the defendant’s trial statement” to the summary column of the evidence, and thus, it is identical to the corresponding column of the lower court’s judgment. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;