The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal is too unreasonable for the lower court’s imprisonment (eight months of imprisonment).

2. Although the amount of damage to the instant crime reaches KRW 30 million, the Defendant did not pay the amount of damage for a long time, and the Defendant had a record of having been punished by committing the same type of crime even after the instant crime was committed, the Defendant was disadvantageous to the Defendant.

However, in full view of all the sentencing conditions, including the fact that the victim did not want the punishment for the accused by mutual consent with the victim, the crime of this case and the crime of fraud established by mutual consent with the victim could have been tried together in the relation of the latter concurrent crimes of Article 37 of the Criminal Code, and the defendant later divided his mistake, the sentence of the court below is too unreasonable.

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 as shown in each 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 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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