The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

1. The decision of the court below on the gist of the reasons for appeal (two years and ten months of imprisonment) is too unreasonable.

2. The instant crime was committed by deceiving the victimized company by the Defendant, thereby deceiving 480 million won under the name of the order for the Big Data Software Program License (right to use) and the nature of the crime is not somewhat less than that of the damage.

However, when the defendant was found to have committed the crime of this case, the defendant made a confession of the crime of this case, and is in depth divided.

The defendant deposited KRW 20 million in the court below for the damaged company, and deposited KRW 13.5 million in the court below's decision and repaid KRW 41.5 million in the court below's decision to recover part of the damage.

The damaged company has not been punished for the defendant in the trial of the party.

In 2015, there is no record of criminal punishment against the defendant except for those punished by a violation of the Act on the Guarantee of Workers' Retirement Benefits.

In full view of the above circumstances unfavorable or favorable to the defendant, changes in circumstances such as recovery of damage, and expression of intention not to punish the victimized company, such as the defendant's age, sexual conduct, environment, motive and circumstance leading to the crime of this case, and circumstances before and after the crime, etc., the punishment imposed by the court below is somewhat unreasonable.

Defendant’s assertion is with merit.

3. In conclusion, 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 with merit, and the judgment below is reversed and it is again decided as follows

Criminal facts

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

Application of Statutes

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;