The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable, for six months of imprisonment imposed by the defendant.

2. Determination is recognized that the Defendant, upon entering into a contract with the victim to purchase land, sells part of the land for which payment is deferred and embezzled up to the price, and the victim appears to have suffered property damage in addition to the amount of damage caused by the instant crime by trading the Defendant and the land without any particular financial capacity.

However, in full view of the following circumstances: (a) the Defendant recognized all of the instant crimes; (b) the Defendant deposited the amount of damage caused by the instant crime and appears to have been recovered most; and (c) the Defendant agreed with the mother of the victim, the actual owner of the instant land at the time of the trial; and (d) the Defendant’s age, environment, family relationship, occupation, circumstances of the instant crime, etc., and all other circumstances constituting the conditions of sentencing indicated in the record, including the circumstances after the instant crime, the sentence of the lower court is unreasonable.

Defendant’s assertion is with merit.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal of this case is with merit.

Criminal facts

The summary of the evidence and criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 355 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;