The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. The gist of the grounds of appeal is that cellular phone type, which is the damage of this case, is not a new punishment, and its value is not an amount equivalent to KRW 82.5 million, but an amount equivalent to KRW 42 million, as stated in the judgment of the court below, and thus, the punishment of the court below (one year and three months of imprisonment) is unreasonable.

2. The Defendant shall be subject to strict punishment corresponding to his act in light of the fact that the Defendant committed the instant crime again within the period of repeated crime, and that the agreement or the repayment of damage was not reached or made up to the trial.

However, there is no objective evidence to recognize that the amount of 82,50,000 won is equal to the facts charged, and the amount actually received by the defendant by disposing of it is 32,00,000 won, there is no criminal history of the same kind of crime, although there is a history of punishment by the defendant several times, and all of the sentencing conditions shown in the records and arguments, such as the details and means of the crime of this case, the degree of damage, the defendant's career, environment, etc., the sentence of the court below against the defendant is unreasonable.

3. In conclusion, 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 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, it is quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Criminal Act and Articles 329 (Selection of Imprisonment)

1. Article 35 of the Criminal Act among repeated crimes;