The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The summary of the grounds for appeal is against the Defendant’s depth in committing the instant crime, and efforts are made to reach an agreement with the victim. The punishment sentenced by the lower court (ten months of imprisonment) is too unreasonable.

2. The fact that the Defendant again committed the instant crime during the suspension period of the execution of imprisonment with prison labor for the same kind of crime, the total amount of damage is close to KRW 70 million, and did not recover from damage, etc. is an unfavorable condition in sentencing.

However, in light of the fact that the defendant led to the confession of the crime in this case, and that the judgment in this case should be sentenced to 8 months additional imprisonment as the suspension of execution becomes null and void after the judgment in this case becomes final and conclusive, although the judgment in this case did not reach an agreement, the victim was willing to pay damages in installments after the completion of the sentence, and that the above victim wanted to be faced with the defendant, and other circumstances such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., the sentence imposed by the court below is too unreasonable.

The defendant's assertion of unfair sentencing is justified.

3. The appeal by the defendant is justified, and the judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act and it is so decided as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as 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. Relevant Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act (including fraud point for victim E), and each choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;