Defendant shall be punished by a fine of 12,000,000 won.

The above fine shall not be paid by the defendant.

2. On April 2018, the Defendant had been sentenced to a stay of the execution of imprisonment due to the same kind of crime, and the Defendant again committed a crime under the same law because it had not been so far, and the quality of the crime is not good.

However, it is reasonable to give more opportunities to the defendant once considering all the sentencing conditions specified in the records and arguments of this case, such as the defendant's age, character and behavior, environment, family relationship, motive for crime, method of crime and circumstances after the crime, etc., and thus, the court below's punishment is too unreasonable, because it is too unreasonable to give more opportunity to the defendant.

3. Accordingly, the judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is based on its conclusion, and the following judgment is rendered.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence are the same as the corresponding part of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Financial Business Act and the selection of fines for each crime;

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

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

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