The judgment of the court below is reversed.

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

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.

2. The lower court’s judgment and the Defendant started to commit the instant crime from the date immediately after the suspended sentence period imposed upon the Defendant for committing the instant crime under the Criminal Procedure Act in 2005, and began to commit the instant crime from the date immediately after the suspended sentence period expired. From March 2009 upon the Defendant’s request to attend an investigation agency in relation to the instant crime, the Defendant escaped from around November 201, 2016 and was arrested during that period, and did not recover damage during that period, and even if the amount of actual damage was not yet repaid exceeds KRW 57,00,00,000, the lower court paid KRW 20,000 to the Defendant out of the amount of actual damage caused by the instant crime, and additionally deposited KRW 4,00,000 from the trial at the same time, and the Defendant gave birth to the Defendant during the period of detention, and the Defendant’s allegation that there was no undue criminal punishment in addition to the Defendant’s previous conviction and the Defendant’s allegation that the suspended sentence was 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 ruled again after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 356 and 355 (1) of the Criminal Act concerning the facts constituting an offense (elective of imprisonment);

1. The criminal records, ages, sexual behaviors, intelligence, and environment of the defendant in the same circumstances as the reasons for sentencing in Article 37 (former part), Article 38 (1) 2, and Article 50 (2) of the Criminal Act, which are aggravated for concurrent crimes.