The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. In full view of all the circumstances, including the fact that the amount acquired by the defendant through the crime of this case reaches 34 million won, the fact that the defendant was unable to agree with the victim, the fact that the defendant was punished for the same kind of crime, etc. However, considering the fact that the defendant led to the confession and reflect of the crime of this case, the defendant deposited 5 million won for the victim in the trial, and the fact that the defendant did not have any record of punishment for the crime of this case, and the fact that the defendant did not have any record of punishment for the crime of this case, it is deemed that the sentence imposed by the court below is unfair.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded.

Criminal facts

The summary of the criminal facts and evidence against the defendant recognized by the court is identical to the corresponding column of the original judgment, and thus, it is 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;