The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for three years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (limited to one year and six months of imprisonment, three years of suspended execution, three years of probation, and 280 hours of probation and community service) of the lower court is too unreasonable;

2. In full view of all the circumstances, including the fact that the amount acquired by the defendant through the crime of this case reaches KRW 220 million, the fact that the defendant has been punished for the same kind of crime, etc., but the defendant confessions and reflects the crime of this case, and the defendant lives in custody for about two months in this case, the defendant agreed with the victim, and the crime of this case was committed around October 11, 2008 and the latter part of Article 37 of the Criminal Act are concurrent crimes with the crime of this case which was finalized on November 11, 201, and the crime of this case was committed on November 11, 201 and the latter part of Article 37 of the Criminal Act, adding probation and community service order to the defendant, etc., it is judged that the sentence imposed by the court below is inappropriate.

3. Accordingly, 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 well-grounded.

Criminal facts

The summary of the criminal facts and evidence of the defendant recognized by the court is identical to 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. Relevant Articles of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Probation and community service order under Article 62-2 of the Criminal Act;