The punishment of the court below against the defendant (a fine of 5 million won) is too unreasonable.

Judgment

Although considering the fact that the defendant's mistake is divided, the defendant has several criminal records of the same kind, and even if the amount of damage in this case reaches KRW 14.5 million prior to the investigation stage, the defendant failed to take measures to recover damage, except for the repayment of KRW 1.45 million prior to the investigation stage, and taking into account the defendant's age, character and behavior, environment, circumstances leading to the crime, and circumstances after the crime, etc., the sentence of the court below is heavy.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.