The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three months.

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

1. The sentence of the lower court (three months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. Since the amount of damage caused by the instant crime is not a large amount of KRW 25.5 million, the nature of the instant crime is not weak.

However, after the sentence of the lower judgment, the Defendant agreed with the victim, and in the trial, the Defendant reflects the instant crime.

Defendant has no previous convictions.

In addition, the sentence of the court below is too unreasonable in light of all other circumstances such as the defendant's age, sex, environment, family relationship, motive, means and consequence of the crime, and the circumstances after the crime.

Therefore, the defendant's argument is justified.

3. In conclusion, 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 after pleading.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence are as stated in the judgment below, except for the addition of the "1.1. Defendant's trial testimony" to the summary of the evidence of the court below, and thus, it is identical to each corresponding part of the court below's judgment. Thus, it shall be cited as it is in accordance with

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