The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The sentencing of the lower court (six months of imprisonment) is too unreasonable.

2. It is recognized that the judgment is based on the fact that the amount acquired by the defendant through the crime of this case is not stated as KRW 50 million.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and reflects the Defendant’s mistake in depth; (b) the Defendant did not have any other criminal history except a fine imposed once as a result of the Defendant’s violation of the Guarantee of Automobile Accident Compensation Act; (c) the Defendant paid the damaged amount of the instant crime to the victim during the trial; and (d) the Defendant agreed to do so with the victim; and (c) the Defendant’s age, character and conduct, intelligence and environment, motive and background of the instant crime, means, methods, methods, and consequences of the instant crime; and (d) the circumstances before and after the instant crime; and (e) the Defendant’s sentence imposed by the lower

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal of this case is based on its reasoning, and it is again decided as follows.

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 below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;