The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. Sentencing sentencing on the gist of grounds for appeal (the sentence of the lower court shall be six months);

2. The lower court determined that the amount of damage of this case reaches approximately KRW 67 million, but not recovered from damage; the Defendant’s two times of punishment for the violation of the Illegal Check Control Act prior to the instant case should be taken into account under the circumstances unfavorable to the Defendant, and determined a sentence by taking account of equity in the case of embezzlement, etc. at the same time as the judgment became final and conclusive, and other various sentencing conditions shown in the instant records and arguments, such as the Defendant’s criminal history, age, sexual conduct, environment, motive and means of the crime, and circumstances after the crime.

However, in full view of the fact that the defendant recognized all of the crimes in this case from the investigative agency, in the past and in the past, the victim partially recovered and agreed to recover the damage and the victim did not want the punishment of the defendant, and there are some circumstances to consider the circumstances of the crime in this case, the sentencing conditions of the court below are somewhat changed, and thus, the sentence of the court below is somewhat inappropriate.

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, and the judgment below is ruled again as follows.

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

Application of Statutes

1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Consideration for sentencing prior to the grounds for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act observation and observation of protection;