The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

1. The lower court’s imprisonment (three years of imprisonment) against the Defendant based on the summary of the grounds of appeal is too unreasonable.

2. That the amount of damage caused by the instant crime is KRW 830,000,000,000,000, and a considerable portion of the amount of damage is not repaid, etc. are disadvantageous to the Defendant.

However, in addition to the punishment four times by a fine, there is no particular criminal history other than the defendant's punishment, the defendant has committed the crime in this case, all of which are perceived and in depth, and approximately KRW 220 million out of the amount of damage has been repaid, and the defendant has the wife and children to support the defendant, and other circumstances such as the defendant's age, character and behavior, occupation, environment, and conditions after the crime, the sentence of the court below is too unreasonable.

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court as to this case is identical to the corresponding column 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 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347 (1) of the Criminal Act concerning the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;