The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than five months.

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. Although the amount of damage to the instant crime is close to KRW 30 million, in light of the fact that the Defendant did not take all measures to recover damage due to the agreement with the victim or deposit of money, it is recognized that the Defendant’s strict punishment is necessary, and that the sentence of imprisonment against the Defendant is inevitable.

On the other hand, in full view of the fact that the defendant was aware of and against the crime of this case, there is no record of criminal punishment, and other various sentencing conditions as shown in the records and arguments, such as the age and behavior environment of the defendant and the circumstances before and after the crime, the sentence of the court below is somewhat inappropriate.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;