Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
Reasons
1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (ten months of imprisonment) is too unreasonable.
2. The judgment of the defendant reflects the confession of the crime of this case, the actual profit gained by the defendant is the cost of 31.7 million won, and all of them are deposited for the victim, there is no previous conviction exceeding the same kind and fine, and other conditions of sentencing such as character, character, environment, motive and circumstance of the crime, and circumstances after the crime are considered, it is unreasonable that the punishment imposed by the court below against the defendant is too unreasonable.
3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;