The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

except that the ruling shall be made for one year from the date of the final judgment.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months, one year of suspended execution, and two hundred hours of community service order) of the lower court against the Defendant is too unreasonable.

2. It is recognized that the amount of damage is up to KRW 50,00,000, the amount of damage was not recovered, and the victim was not able to obtain a letter.

However, in full view of the fact that the first offender, while committing his crime, the defendant is able to pay the amount of damage caused by the benefit importation, etc., the defendant works in good faith for 14 years as an employee of the Seoul Asan Hospital, and currently is in charge of three children's childcare, and other various circumstances that are conditions for sentencing such as the defendant's age and environment, the sentence of the court below is too unreasonable.

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

[Discied Judgment] The criminal facts as stated by the court and the summary of the evidence are the same as that stated in each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant laws concerning facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty. Article 347 (Selection of Imprisonment);

1. Article 62 (1) of the Criminal Act (General Consideration in favor of the above) ;