The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Provided, That the above punishment shall be imposed for one year from the date of the final judgment.

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

2. The judgment of the court below is a total amount of 37 million won. The defendant is found to have never denied the facts charged in this case in the court below, but there is no same criminal records, the defendant recognized all the facts of the crime and reflects the fact of the crime, and the defendant paid a certain amount of money to the victims (the defendant paid a certain amount of KRW 2 million to the victimJ when it comes to the trial) by mutual consent with the victims, and the victims do not want the punishment, and other various sentencing factors in this case, such as the defendant's age, character, character, occupation and environment, circumstances and result of the crime, circumstances after the crime, etc., are somewhat heavy.

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.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are 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. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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 on the suspended execution ( normal consideration of favorable reasons for the reversal of a judgment);