The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The Defendant, who is vulnerable to the crime, took over the National Pension Service, etc., which is a minimum property necessary for the basic livelihood of the victim over about one year and six months, is a bad in light of the circumstances, period, method, etc. of the crime.

On the other hand, however, the defendant recognizes all crimes and reflects the mistake.

The judgment below

After sentence, the victim does not want the punishment of the defendant by mutual consent with the victim.

There is no history of criminal punishment exceeding a fine.

There are families to be supported, such as the elderly and children of young children.

In addition, considering the overall consideration of all the sentencing factors indicated in the records and arguments, such as the defendant's age, character and conduct, environment, family relationship, etc., the sentence sentenced by the court below is deemed unfair.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered again after pleading.

【Reasons for the Judgment of the court which has been written in multiple times] Criminal facts and summary of evidence recognized by this court are the facts constituting a crime and summary of evidence. In addition to the fact that the “1. Part of the Defendant’s court statement” of the judgment below is changed to “1. The Defendant’s court statement”, it is identical to each corresponding column of the judgment of the court below. As such, it is cited as it is in accordance with

Application of Statutes

1. Relevant Article 350 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act;