The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

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

2. Determination as to whether the amount of damage caused by the instant crime was a total of KRW 98,821,936, etc., which is disadvantageous to the Defendant.

However, in full view of all of the sentencing conditions in the instant case, including the fact that the Defendant is led to confession, the fact that there is no particular criminal history other than the punishment of fines twice for a crime of double-class crime, the fact that the Defendant was in agreement with the victim F and that the Defendant did not want the punishment of the Defendant, the Defendant paid KRW 17,624,00 to the victim H up to the trial, the Defendant’s age, occupation, environment, and circumstances after a crime, etc., the lower court’s punishment is deemed to be heavy, and therefore, the above argument by the Defendant is reasonable.

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 appeal by the defendant is well-grounded.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence of the defendant recognized by the court is identical to the facts constituting the crime of the defendant and summary of evidence, and thus, the summary of the evidence is identical to the corresponding column of the judgment below. Thus, it is cited in accordance with

Application of Statutes

1. Article 347 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

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

1. Article 62 (1) of the Criminal Act;

1. As examined in the judgment on the assertion of unfair sentencing prior to the grounds for sentencing under Article 62-2 of the Probation Criminal Act, the punishment as per Disposition shall be determined.