The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The sentence of the lower court (ten months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination of the amount of damage of this case is the maximum amount of KRW 100 million, and the situation in which a significant portion of the amount of damage has not been recovered is unfavorable to the defendant, or the defendant is against the defendant's confession of the crime of this case, or there is no same criminal records except a disposition of suspension of indictment by the prosecutor on one occasion on May 2012, and the defendant has formulated and implemented a plan to acquire money from the victim from the original victim.

In light of the circumstances where money is necessary to respond to the demand of another construction business operator for the payment of the price of a newly built apartment house that it has promoted rather than that, the court below seems to have borrowed money from the victim without notifying such circumstances in violation of the good faith principle, and it seems that most of the damage amount is used as actual construction cost, and the profit the defendant personally gains is not significant. The defendant deposited a part of the damage amount, the defendant is living free of charge in 201 of the newly built apartment house, the victim expressed his/her intent to agree with the defendant and not want his/her punishment, and other favorable circumstances, such as the defendant's age, character, environment, relationship with the victim, motive and means of the crime of this case, the motive and consequence of the crime of this case, the circumstances after the crime, etc., are considered to be too unreasonable.

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 again ruled

( long as an appeal by the defendant is reversed on the grounds of its reasoning, the prosecutor's appeal shall not be dismissed separately).