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

A fine shall not be paid by the defendant.

A. Defendant 1) The money deposited in the passbook of this case by mistake of facts is deposited in the name of the purchase price of Otel 707, which the victim donated to the defendant, and the above money is owned by the defendant. However, the judgment of the court of first instance which found the defendant guilty of the facts charged of this case under the premise that the above money is owned by the victim, was erroneous and adversely affected the conclusion of the judgment. 2) Even if not, the sentencing of the court of first instance (one million won of fine) is too unreasonable.

B. The Prosecutor’s second instance court’s sentence (a fine of five million won) imposed on the Defendant is too unhued and unreasonable.

Judgment

A. The court of original judgment Nos. 1 and 2 sentenced each judgment after completing separate hearings against the defendant, and the defendant filed an appeal against each of the above judgments, and this court decided to hold concurrent hearings of the above two appeals cases. Since the first and second offenses against the defendant are concurrent offenses under the former part of Article 37 of the Criminal Act, they should be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent offenses under Article 38(1) of the Criminal Act, and therefore, the judgment of the court below against the defendant cannot be exempted from all reversal.

B. The following circumstances that can be acknowledged by the lower court based on the evidence duly adopted and investigated by the Defendant’s assertion of mistake, namely, ① applied for text message service to notify the victim’s cell phone at the time of opening the passbook; ② the Defendant obtained the victim’s consent when withdrawing money from the passbook of this case; and ② the Defendant withdrawn money from the time of filing a civil lawsuit against the Defendant on March 2013, and kept it without the victim’s consent, as stated in the facts charged. ③ The Defendant during the period of opening the passbook of this case.