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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
1. The decision of the court below on the summary of the grounds for appeal is too unreasonable.
2. Although there are unfavorable circumstances, such as the fact that the defendant did not know of the fact that he committed the instant crime without being aware of the fact that he had been punished one time (one time of fine) for the same crime, and that the lease fee that the defendant should pay to the victim remains approximately KRW 90,000,00,000, when the defendant was in the trial, it appears that the Defendant led to the instant crime in order to raise business funds as his management has deteriorated in the course of running his business, and there is no record of criminal punishment heavier than the suspension of execution, and the scope of the recommended punishment [basic crime: the category 1 (less than 10,000,000 won) of the instant crime in the sentencing guidelines of the Supreme Court on the instant crime is sentenced to imprisonment for four months and four months, and the defendant's age, character and environment, motive and background, means and result of the instant crime, and circumstances after the instant crime, etc., the court below's allegation that the above defendant's punishment was unfair.
3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following decision is rendered after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as follows: 1.1. The defendant's oral statement in the court below is added to the summary of the evidence; therefore, it is identical to the corresponding column of the court below's judgment. Thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;