The judgment of the court below is reversed.

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

The decision of the court below on the grounds of appeal (one year of imprisonment) is too unreasonable.

There is a disadvantage to the defendant, such as the fact that the sum total of the judgments on the grounds for appeal exceeds KRW 99.5 million.

However, in full view of the Defendant’s recognition of the instant crime and the fact that the Defendant made efforts to recover damage, such as deposit of KRW 12 million for the victim’s fund in the first instance, and other factors of sentencing as shown in the record and pleadings, including the Defendant’s age, sex, environment, motive and circumstance of the crime, means and consequence, etc., the sentence imposed by the lower court is too unreasonable, and thus, the Defendant’s above argument of the foregoing unfair sentencing is reasonable.

Thus, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is decided again after pleading as follows.

[Grounds for a new judgment] The facts constituting an offense and summary of evidence recognized by the court and the summary of evidence are as stated in the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act, and the choice of imprisonment with prison labor, under the provisions of the Act on Criminal Crimes;

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