The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (four years of imprisonment) is too unreasonable.

2. In light of the circumstances favorable to the Defendant, such as the circumstances leading up to the instant crime, the circumstance before and after the instant crime, the Defendant’s age, character and conduct, environment, and family relationship, the punishment imposed by the lower court is somewhat unreasonable, in view of the following: (a) the sum of damages is KRW 848 million; (b) the victim was paid KRW 340 million to the victims by means of payment of interest; and (c) the Defendant was dead for a considerable period of time; and (d) the Defendant has no record of punishment for the same kind of crime; and (e) the circumstances favorable to the Defendant, such as the circumstance leading up to the instant crime, the circumstances before and after the instant crime, the Defendant’s age, character and conduct, and family relationship, etc.

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.

Criminal facts

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

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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