Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

2. In light of the following circumstances: (a) the Defendant has no criminal records other than sentenced to a fine in around 2005; (b) the Defendant appears to have no profit acquired by the instant crime; (c) the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (d) comprehensive consideration of all of the sentencing conditions indicated in the pleadings until the first instance court, including the background leading up to the instant crime; and (c) the Defendant’s age, character and conduct, environment, motive and means of the crime; and (d) the circumstances after

Therefore, the defendant's assertion of unfair sentencing is justified.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again.

In other words, the facts constituting a crime and the summary of the evidence recognized by the court as stated in the reasoning of the judgment below are the same as stated in each corresponding column of the reasoning of the judgment below. Thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 360 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act prior to the sentencing of the provisional payment order shall be determined as ordered in consideration of the various circumstances as seen earlier.