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 summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. A large amount of damage to the instant crime is up to KRW 50 million, which is disadvantageous to the Defendant.

However, in full view of the fact that the defendant was committed in this case and the mistake was divided, there was no record of criminal punishment, the full amount of damage was repaid and agreed upon by the victim, and other various sentencing conditions as shown in the records and arguments, such as the age and behavior environment of the defendant, the situation before and after the crime, etc., the sentence imposed by the court below is somewhat inappropriate.

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 is with merit.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 355 (2) and (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (2) of the Criminal Act: Consideration of conditions favorable to the defendant as seen earlier;

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