The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

2. The fact that the sum of the amount acquired by the Defendant from the victim is the maximum amount of KRW 55 million in total, and that no measures are taken to recover damage up to the trial. The fact that the victim wanted to punish the Defendant, etc. is disadvantageous to the Defendant.

However, considering all of the sentencing conditions indicated in the records of the instant case, such as the Defendant’s age, character and conduct, family environment, motive, means and consequence of the instant crime, etc., the sentence of the lower court against the Defendant is too unreasonable, because it is too unreasonable.

3. The decision of the court below is reversed in accordance with Article 346(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;