The judgment of the court below is reversed.

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

, however, this shall not apply to the defendant.

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (five months of imprisonment) is too unreasonable.

2. In light of the circumstances favorable to the Defendant, including the fact that the Defendant recognized the Defendant’s mistake, and the victim, etc. up to the trial, the balance of the business guarantee money, sales commission, etc., and the fact that the Defendant recovered from the damage caused by the payment of insurance money by the guaranteed insurance company, etc., the punishment imposed by the lower court is somewhat unreasonable, in view of the circumstances that are favorable to the Defendant, and the circumstances leading up to the crime, such as the circumstances before and after the crime, the Defendant’s age, character and conduct, and environment

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each 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. Relevant Articles 356 and 355 (1) of the Criminal Act concerning criminal facts, the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (Taking into account the favorable circumstances in the preceding);

1. Social service order under Article 62-2 of the Criminal Act;