The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The fact that the total market price of factory machinery, which is a security sold by the defendant without permission, is a considerable amount of KRW 266 million is a reason unfavorable to sentencing.

However, in full view of all the circumstances, such as the Defendant’s confession and confession of the instant crime, and the Defendant did not seem to have committed the instant crime with the intent of causing damage to the victim or seeking unfair profits, and there are circumstances to consider the background of the instant crime; the Defendant’s agreement with the International Es.S. Specialized Liability Company that acquired the Defendant’s claim against the victim during the first instance trial; the Defendant did not have any history of criminal punishment for the same type of crime; and the Defendant did not have any history of criminal punishment; and the sentencing conditions indicated in the records, such as the Defendant’s age, character and behavior, environment, occupation, details of the instant crime; and circumstances after the crime, etc.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the evidence and the criminal facts recognized by the court against the defendant and the summary of the evidence are as stated in each corresponding column of the judgment of the court below, and they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 255 (2) and (1) of the Criminal Act applicable to the relevant criminal facts and the choice of punishment;

1. A fine of three million won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (50,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. As seen in the grounds for reversal of sentence under Article 59(1) of the Criminal Act ( considered as the grounds for reversal of sentence)