The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (6 months of imprisonment) is too unreasonable.

2. The crime of this case is not considered to be light in light of the amount of damage or the circumstances after the crime.

However, the defendant seems to have committed the crime of this case intentionally.

The actual amount of damage caused by the instant crime is KRW 80,000,000, and part of the damage was recovered by receiving dividends of KRW 30,000 during the voluntary auction procedure of the said apartment as a person who has obtained a registration for the transfer of ownership at the original instance.

In the past, the Defendant made a confession of the instant crime, and the victim did not want the punishment of the Defendant by agreement with the victim.

The Defendant is an initial offender who has no criminal history.

The defendant has given time to live in prison for a certain period of time.

In full view of the aforementioned circumstances, the Defendant’s age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment seems to be too unreasonable and unfair. Thus, the Defendant’s above assertion is reasonable.

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, and the judgment below is reversed and it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspension of execution (The favorable circumstances in part of the judgment on the grounds for the above appeal);

1. The scope of punishment by law for sentencing of Article 62-2 of the Criminal Act: Imprisonment with prison labor for not more than ten years.