The judgment of the court below is reversed.

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

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. In light of the fact that no damage has occurred even after a long period of time from the date of the judgment on the crime, and the circumstances leading to the crime of this case and the degree of the defendant's participation, it is inevitable to sentence the defendant to a sentence.

However, in full view of the following circumstances: (a) the Defendant reflects the crime; (b) there is no criminal record of the same kind; (c) the amount actually acquired by the Defendant does not reach the amount of damage indicated in the facts charged; and (d) other circumstances that form the conditions for the pleadings and the sentencing indicated in the records of the instant case, such as the Defendant’s age, character and conduct, etc., the Defendant’s argument is justified

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.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns 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. Article 331 (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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the defendant in the previous case);