The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

The articles of incorporation 1 to 6, 8, 39, respectively.

1. The sentence of the court below (three years of imprisonment) is too unreasonable.

2. In light of the following circumstances: (a) the Defendant, who has several records of punishment for the same kind of crime, did not engage in a repeated crime for the same crime, and committed again the instant crime; (b) the Defendant is against the Defendant; (c) the amount of profit from the instant crime appears to be relatively large; (d) the Defendant was in the first instance trial and reached an agreement with the victim D; and (e) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (e) taking into account various conditions of sentencing as indicated in the pleadings, such as the circumstances after the crime, etc., the sentence of the lower court is too unreasonable, and thus, the Defendant’s assertion is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column 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 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 329 and 30 of the Criminal Act concerning criminal facts and the choice of punishment (generally, choice of limited imprisonment);

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;