Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, in the case of a false accusation, if the person who committed the crime without accusation confessions before the judgment on the reported case becomes final and conclusive (Articles 157 and 153 of the Criminal Act), the punishment shall be mitigated or exempted (Article 157 and Article 153 of the Criminal Act). According to the records, the defendant has already been led to confession before the judgment on the case against the person who filed a complaint against the person without accusation became final and conclusive, and thus, the court below omitted the punishment against the defendant, even though the court below should have been legally mitigated or exempted,

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the 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. Relevant Articles of the Criminal Act concerning the crime. Article 156 (Selection of Punishment of Fines)

1. Articles 157, 153 and 55 (1) 3 of the Criminal Act for mitigation of confessions;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is not only the active violation of the state's criminal justice function, but also the risk of wrong criminal punishment by the non-offender, and the crime in this case appears to have suffered considerable mental suffering by the victim, and the defendant has a history of having been punished several times due to fraud, intrusion upon residence, and injury.