The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal (violation of Acts and subordinate statutes and unreasonable sentencing)

A. Even though the sentence of a fine is to be imposed at the same time when a fine is imposed, the court below, while sentencing a fine, erred by setting a period of detention and not simultaneously sentencing a fine.

(Violation of Acts and subordinate statutes)

The sentencing of the lower court (a fine of seven million won) is deemed unreasonable due to excessive unhurdness.

(2) Article 70(1) of the Criminal Act provides that "When a sentence of a fine or a minor fine is imposed, the period of detention shall be fixed and sentenced simultaneously when a fine or a minor fine is not paid."

However, the lower court, while sentencing a fine of KRW 7 million to the Defendant, did not simultaneously determine the period of custody and did not sentence the Defendant at the same time.

On September 3, 2020, the court below added "where the defendant does not pay the above fine, the defendant shall be confined in a workhouse for the period calculated by converting 100,000 won into one day," and rendered a decision of correction of a decision to add the legal provisions corresponding to the application of the statutes, but the failure to issue a decision of detention in a workhouse while imposing a fine does not constitute "when it is obvious that there is any erroneous calculation, entry or other similar errors in the court records," which is the reason for correction of the court records stipulated in Article 25 (1) of the Regulation on Criminal Procedure, it cannot be deemed that the above decision of correction is unlawful."

Therefore, the judgment of the court below is erroneous in violation of Article 70 (1) of the Criminal Act, and the prosecutor's appeal pointing this out is justified.

3. If so, the prosecutor's appeal is reasonable, and the prosecutor's appeal is reversed pursuant to Article 364 (6) of the Criminal Procedure Act without examining the prosecutor's argument of unfair sentencing, and the judgment below is reversed and the following is

[The reasons for the judgment of multiple times] Criminal facts and summary of evidence shall be the court.