The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (six months of imprisonment) is too unreasonable.

2. Although the amount of damage caused by the instant crime was not small, damage other than a certain deposit was not recovered, and the Defendant did not agree with the victim. However, the lower court’s punishment is somewhat unreasonable in view of the following factors: (a) the Defendant reflects his mistake in its depth and repents; (b) the Defendant has no record of committing any crime other than a single-time fine; (c) deposited KRW 500,000,000 for the victim; (d) the Defendant’s part of the amount of damage was deposited for the victim; (b) the Defendant’s body at the early stage of pregnancy was not adequate for the Defendant’s living in custody; and (c) other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the Defendant’s age, character and conduct, and environment, as indicated in the records and arguments of this case

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 is with merit.

Criminal facts

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

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Articles 347(1) of the Criminal Act, Article 347-2 of the Criminal Act, and the choice of imprisonment with prison labor for each type of crime;

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