Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

2. The fact that all of the instant crimes are recognized and reflected in the judgment, that the Defendant has no criminal record for the same kind of crime, that the Defendant has economic difficulties as a recipient of basic living benefits, and that the Defendant appears to have committed the instant crime somewhat contingently, etc. are favorable to the Defendant.

In this context, considering the various circumstances shown in the records and arguments, such as the character, age, and property status of the defendant, the sentence imposed by the court below against the defendant is somewhat inappropriate.

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

Criminal facts

The summary of the facts charged and the evidence recognized by the court are as stated in the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions concerning the facts constituting an offense, Article 3 (3) 2 of the Punishment of Minor Offenses Act (when false reports are filed by public officials), Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties), and the selection of each fine;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the maximum amount of the crimes of the above two crimes is aggregated);

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

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