Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

2. Determination ex officio: ① the Defendant had been under 26 times criminal punishment at the time of the instant crime, but among which, the date and time when the Defendant was subject to a fine of KRW 300,000 for the same kind of crime as the instant crime was 9 years prior to the date of the instant crime (2001), ② the amount of damage caused by the instant crime was not large, and the Defendant paid part of the amount received as the amount of credit on the part of the Defendant for the victim (14, 32 pages of the investigation record), ③ taking into account all other circumstances that form the conditions for sentencing, such as the background, means, results, and the circumstances after the instant crime, the sentence of the lower court is deemed to be unfair by failure.

3. Thus, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed and it is so decided as follows.

[Judgment of the court below] The summary of criminal facts and evidence against the defendant is identical to that of each corresponding column of the court below's judgment. Thus, it shall be quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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