The judgment below

The remainder, excluding the part of the application for compensation order, shall be reversed.

The defendant shall be sentenced to six months of imprisonment.

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. In full view of the following circumstances: (a) the Act on the Punishment of this case was extremely poor; (b) the amount of damage from the crime of this case exceeds KRW 53 million was unfavorable to the Defendant; (c) the Defendant was aware of the crime of this case when it was in the first instance; (d) the Defendant was in the first instance trial; (c) the Defendant was in the first instance trial; (d) the Defendant’s health status was not good; and (e) the Defendant’s age, sex behavior, environment, family relationship, and other circumstances, which are the conditions for the sentencing of this case, the sentence imposed by the lower court is somewhat unreasonable; and (e) the Defendant and his defense counsel’s unjust assertion of the above sentencing is reasonable.

3. As such, the defendant's appeal is with merit, and the part of the judgment below excluding the part of the application for compensation order among the court below's judgment pursuant to Article 364 (6) of the Criminal Procedure Act is reversed, and it is again decided as follows.

Criminal facts

The substance of the facts charged and the summary of the evidence admitted by this court are as follows: (a) except that the phrase “the Defendant’s partial statement” in the summary of the evidence as “the Defendant’s original trial statement” is deemed as “the Defendant’s original trial statement”; and (b) it is identical to each corresponding column of the lower judgment; and (c) thus, it is acceptable in accordance with Article 369 of

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of favorable circumstances among the reasons for reversal as above);