The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for nine months.

1. The sentencing of the lower court (one year of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. There is a disadvantage to the defendant, such as that the amount of damage caused by the reasons for appeal is not small, and that the victim is not agreed with.

However, in full view of the following circumstances: (a) the defendant was aware of each of the crimes in this case and divided; (b) the loan of the crime No. 2 in the judgment of the court below was intended to repay the loan obligation of the first crime No. 1; (c) the defendant appears to have been repaid with the exception of approximately KRW 10 million out of the loan of paragraph 1; (d) there is no record of punishment for the same and similar crimes; (e) the balance of sentencing with the same kind of crime; (e) the defendant's age, sex, sex, environment, motive and circumstance of the crime, means and consequence of the crime; and (e) all of the sentencing circumstances shown in the records and arguments, such as the circumstances after the crime, etc., the punishment imposed by the court below is too excessive and unfair, and thus, the defendant'

3. As such, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court and summary of the facts constituting the crime and summary of evidence are identical to the facts stated in the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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