The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight 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 (eight months of imprisonment) is too unreasonable.

2. The fact that the amount of damage caused by the instant crime is not significant, and the Defendant transferred the responsibility to the victims from an investigative agency to the original trial, and avoided his criminal act, etc. is disadvantageous to the Defendant.

However, in full view of the Defendant’s age, character and behavior, environment, motive and background, means and consequence of the instant crime, and various conditions of sentencing as shown in the pleadings, including the following: (a) the Defendant recognized the instant crime throughout the trial; (b) the payment of KRW 45 million after the pronouncement of the judgment of the first instance court; and (c) the smooth agreement between the victims and the victims on the charge of violating the Illegal Check Control Act around 197; and (c) there are no special criminal records; and (d) the sentencing of the lower court is somewhat unreasonable.

Therefore, the defendant's argument is justified.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and the judgment below is ruled as follows.

[C] The facts constituting an offense and the summary of the evidence recognized by the court, and the summary of the evidence, are as follows: (a) not only changed “1. The Defendant’s partial statement” in the summary of the evidence to “1. The Defendant’s trial statement” but also changed to “1. The Defendant’s trial statement”, and thus, cited it as it is in accordance with Article 369

Application of Statutes

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

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 (Consideration favorable circumstances in the front);