A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

A. The Defendant is merely an investor in relation to D Co., Ltd. (hereinafter “D”), and the victim is not an employee who actually operated D.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and erroneous.

B. The sentence imposed by the court below on the grounds of unfair sentencing (the fine of KRW 1,500,000) is too unreasonable.

2. According to the records of this case, the judgment of the court below was rendered on July 3, 2014 by the Jeonju District Court (2013Gohap162, 233 (merged) sentenced to a suspended sentence of three years to two years and six months due to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, which became final and conclusive on October 26, 2017. On August 12, 2016, the Seoul Southern District Court (2015Gohap48, 2016Gohap45 (merged) sentenced to three years of imprisonment due to rape, etc. and became final and conclusive on February 21, 2017. On June 21, 2018, the judgment of the court below which became final and conclusive on April 26, 2019 and each of the above crimes under Article 37 of the Criminal Act became final and conclusive, taking into account the case where the judgment of the court below becomes final and conclusive on April 26, 2019.

However, despite the above reasons for ex officio reversal, the defendant's assertion of mistake and misapprehension of legal principles is still subject to the judgment of this court.

3. The Defendant also asserted the same as the grounds for appeal, and the lower court rejected the Defendant’s assertion on the erroneous determination of facts and misapprehension of the legal doctrine in detail.

Examining the reasoning of the lower court in light of the records of this case, the lower court’s aforementioned determination is justifiable, and thus, rejected Defendant’s assertion of mistake.

4. Conclusion.