The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

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) against the Defendant is too unreasonable.

2. In light of the fact that the Defendant did not pay the amount to the victim in violation of his duties and obtained the same profit equivalent to the same amount, and that the total amount of damage is the maximum amount up to 32.7 million won, and that the victim has still failed to pay the amount to the victim, there is a need to punish the Defendant strictly.

However, in full view of the following: (a) the Defendant recognized all of the instant crimes; (b) the Defendant repaid KRW 2 million to the victim at the lower court; and (c) the Defendant paid the victim additional KRW 17 million to the first instance court; (b) the Defendant has no record of being punished in excess of the fine; and (c) other various sentencing conditions as shown in the records and arguments, such as the Defendant’s age, family environment, and circumstances before and after the commission of the crime, the lower court’s punishment against the Defendant is somewhat unreasonable.

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 facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding columns 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 355 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Article 355 (2) of the Election 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 on the stay of execution (Consideration of conditions favorable to the defendant in the front);