The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

except that the ruling shall be made for one year from the date of the final judgment.

1. The summary of the grounds for appeal is too unreasonable for a six-month sentence of imprisonment sentenced by the court below to the defendant.

2. The crime of this case, in collaboration with C, was committed by the Defendant jointly with C, and committed theft of the victim’s market value equivalent to one million won, and the case is not less and less, and the Defendant has been sentenced to punishment due to fraud, etc., which is a property crime, and the Defendant committed the larceny even before the crime of this case.

However, in full view of the following circumstances: (a) the Defendant was detained for a considerable period of time; (b) the Defendant recognized the instant crime and reflects his mistake; (c) the actual amount of damage appears to fall short of the above market price; (d) the Defendant is in a relative relationship with the victim; and (e) the Defendant agreed upon with the victim at the time of the trial; and (e) the victim did not want punishment against the Defendant; and (e) other circumstances that form the conditions for sentencing as indicated in the record, such as the Defendant’s age, environment, occupation, family relationship; (e) the background leading to the instant crime; and

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 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 the same as the corresponding columns 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. Article 331 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. Discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for reversal);

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