The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The Defendant acquired approximately KRW 26 million construction materials from the injured party.

Although there are a lot of property damage inflicted on the victim due to the crime of this case, damage recovery is not fully performed until the trial of the victim is over, and the criminal liability of the defendant is not exceptionally applied if the defendant considered that he was unable to take advantage of the fact that he was unable to take advantage of the victim.

However, when the defendant was found to have committed the crime in this case, he was found to have committed the crime in this case, and was detained for about two months in this case, and he seems to have been given an opportunity of reflective and self-esteem.

The defendant deposited KRW 10 million for the victim in the trial of the party, and does not seem to have acquired personal benefits due to the crime of this case.

The defendant was unable to receive the construction cost from the original contractor, and the defendant seems to have reached the crime of this case, and it does not seem to have attempted to acquire the construction material systematically from the damaged person.

There is no criminal offense against the defendant beyond the same kind of offense and fine.

The defendant seems to have a serious economic difficulty due to the detention of the defendant, who should support his wife and two children.

In full view of these circumstances and all the sentencing conditions as seen earlier, including the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the lower court’s punishment is deemed unfair because it is too unreasonable even if it considers the aforementioned circumstances unfavorable to the Defendant.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

【Re-written judgment】 Summary of facts constituting an offense and evidence