The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

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

1. The sentencing of the lower court (4 months of imprisonment) is too unreasonable.

2. In full view of all the sentencing conditions indicated in the pleadings of this case, including the fact that the defendant paid KRW 11 million to the victim in the trial, paid the victim in installments later, and added the remaining KRW 39 million to the joint and several sureties, the victim is not wanting criminal punishment against the defendant, the defendant is preventing re-offending while against his mistake, the defendant is a primary offender who has no criminal power, the defendant is liable for his family's livelihood as the highest, and all the sentencing conditions indicated in the arguments of this case, such as the defendant's age, character, conduct and environment, etc., the sentence imposed by the court below is too heavy.

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. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

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