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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
The summary of the grounds for appeal (unfair punishment) of the original judgment (one year of imprisonment) is too unreasonable.
Judgment
The crime of this case was committed by the defendant with an installment financing agreement with the two capitals Co., Ltd. (hereinafter referred to as the "dual capitals"), and the mortgage was established on the two capitals. However, when the voluntary auction procedure for the expansion capital was commenced due to the delinquency in the loan, it is not good that the exercise of rights by the two capitals was obstructed due to making the location of the expansion capitals unknown, and the crime is not good. The defendant's repayment of the amount of KRW 149,00,000 borrowed from the two capitals is merely 19,918,751 won, and thus, the size of the property damage suffered by the victim due to the crime of this case is reasonable, and the damage has not been recovered up until now, etc. are disadvantageous to the defendant.
However, in full view of the following: (a) the Defendant led to the instant crime and reflects his mistake in depth; (b) the Defendant did not have any specific criminal records other than sentenced once to a fine for the crime of violence committed in the past 20 years; and (c) the Defendant’s age, character and conduct, environment, circumstances before and after the instant crime; and (d) the sentence of the lower court is somewhat unreasonable.
As the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again.
Criminal facts
The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the respective columns of the judgment below.
Article 369 of the Criminal Procedure Act is quoted as it is.
Application of Statutes
1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the choice of imprisonment;