The judgment below

The remainder, excluding the rejection of an application for compensation order, shall be reversed.

The defendant shall be sentenced to six months of imprisonment.

1. The summary of the grounds for appeal by the defense counsel is too unreasonable in light of the following: (a) the Defendant led to confession of the facts charged in the instant case and reflects his depth on his mistake; and (b) the Defendant agreed with the victim for a limited period of six months of imprisonment, two years of suspended execution, probation, and community service order for 80 hours is too unreasonable.

2. Considering the fact that the amount of damage caused to the market is not very significant, the victim does not want the punishment of the defendant, the defendant reflects his fault in depth, as well as the motive and background leading up to the crime of this case, the circumstances before and after the crime of this case, and other various matters specified in Article 51 of the Criminal Act, which are conditions for sentencing, such as the defendant's age, character and conduct, environment, etc., as shown in the records and arguments of this case, and the scope of recommendation punishment and the criteria for suspension of execution according to the sentencing guidelines for fraudulent crimes, the court below's punishment against the defendant is too unreasonable.

3. Since the defendant's appeal is well-grounded, pursuant to Article 364 (6) of the Criminal Procedure Act, the remainder of the judgment below excluding the rejection of an application for compensation order among the judgment below is reversed, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence are as shown in each corresponding column of the judgment 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. Suspension of execution under Article 62 (1) of the Criminal Act ( considered as favorable circumstances among the grounds for reversal of the above judgment);