The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The crime of this case is a disadvantageous sentencing factor, such as the fact that the Defendant arbitrarily sold the machinery provided as security and inflicted property damage on the victim, and that the nature of the crime is not good, and that the Defendant did not receive a letter from the victim 2nd Capital Co., Ltd.

However, in full view of the following circumstances: (a) the Defendant appears to have committed the instant crime; (b) the Defendant has no criminal records of the same kind and suspended execution; (c) the Defendant has agreed with the victim E, and (d) the Defendant deposited KRW 10 million for the Victim Two Capital Co., Ltd.; and (b) other various circumstances, including the Defendant’s age, character and conduct, the environment, the details and contents of the instant crime; and (c) the circumstances after the commission of the crime, etc., which are the sentencing conditions specified in the instant records and arguments, the Defendant’s assertion is deemed to be

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[Discied Judgment] The facts constituting an offense and the summary of evidence recognized by the court are identical to the facts stated in the corresponding column of the judgment below. Thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 355 (2) and (1) of the Criminal Act concerning the relevant criminal facts and the choice of punishment;

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

1. Article 62 (1) of the Criminal Act;