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

The above fine shall not be paid by the defendant.

2. The judgment of this case is relatively small amount; the Defendant agreed with the victim in the original trial; the Defendant repaid the full amount in accordance with the above agreement; the victim complained against the Defendant’s wife on October 17, 2013; the Defendant was sentenced to imprisonment on October 25, 2013 due to fraud, etc.; and the above judgment becomes final and conclusive on October 25, 2013. In full view of the following circumstances: (a) the instant crime ought to be considered when the judgment is rendered simultaneously with the crime for which the said judgment became final and conclusive; and (b) the Defendant’s character, conduct and environment; (c) the background and consequence of each of the instant crimes; and (d) the circumstances after the crime; and (e) all other circumstances that form the conditions for sentencing as shown in the records and arguments, the sentence imposed by the lower court is deemed unreasonable.

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.

Criminal facts

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

Application of Statutes

1. Article 347 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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