The judgment of the court below is reversed.

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

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.

2. The fact that the amount of damage exceeds KRW 100 million, the fact that the damage was not fully recovered, and the fact that there was a history of punishment for a fine once due to the same kind of crime, etc. is disadvantageous.

However, in light of the favorable circumstances, such as the fact that the defendant is recognized as committing the crime and the mistake is divided in depth, that the damage was recovered except for the principal amount of KRW 85 million, and that the injured party was compensated for damage in the compulsory auction procedure for the movable property owned by the defendant, that the injured party was compensated for a small amount of money or an additional amount of damage in the course of compulsory auction, that the injured party would obtain high interest income in a short term, that the injured party was damaged by the defendant's family members, and that the defendant's family members want to take advantage of the defendant's age, sex, environment, circumstances leading up to committing the crime, the means and result of the crime, circumstances after the crime, and the balance with punishment in the same and similar cases after the crime, the court below's punishment is excessive.

The decision is judged.

We accept the defendant's unfair argument in sentencing.

3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The reasons for imposing selective sentence of imprisonment shall be determined as per Disposition, taking into account the various sentencing conditions described in the part concerning the determination of the above unfair sentencing grounds.