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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Reasons
1. The sentence imposed by the court below (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. In light of the fact that the amount acquired by the defendant is infinite 30 million won, and that the damage has not been recovered even after several years have passed since the crime, it is necessary to punish the defendant strictly. However, in the case of the defendant, 120 million won out of the amount damaged to the victim, the victim and the victim did not want the punishment of the defendant, and the victim did not want to pay the remaining 180 million won in installments over several years, and the defendant reflects his fault in depth, and there is no history of punishment for the same crime before the case, and there is no history of punishment, and there is no history of punishment, and if the prosecution of this case was instituted more promptly, it would be possible to receive the judgment at the same time with the final judgment, and considering the reasonable sentence expected, other circumstances likely to result in the crime, circumstances leading to the crime, age of the defendant, and family relationship, the sentence of the court below is unreasonable.
3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below shall be rendered again after pleading as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to that stated in each corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;
1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) shall apply;