Defendant shall be punished by a fine of four million won.

The above fine shall not be paid by the defendant.

In full view of all the sentencing conditions shown in the records and arguments of this case and the fact that the defendant has no criminal record of imprisonment without prison labor or any heavier punishment, the lower court’s punishment is too unreasonable.

Therefore, since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act and the following is ruled again

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are 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. Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, Etc. concerning the relevant criminal facts, and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 48 (1) of the Criminal Act of confiscation;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;