The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The lower court, by misapprehending the legal doctrine, sentenced a fine of KRW 5 million in this case where the Defendant requested formal trial against a summary order issued as a fine of KRW 2 million, thereby violating the principle of prohibition of disadvantageous alteration.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (5 million won of fine) is too unreasonable.

2. Article 457-2(2) of the Criminal Procedure Act provides, “Where a defendant declares a more severe punishment than that of a summary order with respect to a case for which a request for formal trial has been made, the judgment shall state the reasons for sentencing in the written judgment.”

However, according to the records, the Defendant was issued a summary order of KRW 2 million by this Court Decision No. 2019 High Court Decision No. 2019 High Court Decision No. 2019, Nov. 18, 2019; on February 4, 2020, the Defendant requested formal trial with respect to the above summary order; accordingly, in the case where the above summary order was proceeded with by this Court No. 2020 High Court Decision No. 281, May 20, 2020, the lower court sentenced the Defendant to a fine of KRW 5 million and recognized the fact that the reasons for sentencing were not stated in the written judgment.

Therefore, the court below erred by not stating the reasons for sentencing while increasing the amount of fine more than the summary order.

However, as examined later, the Defendant’s assertion of unfair sentencing cannot be deemed to have influenced the above error of the lower judgment on the grounds that the Defendant’s assertion of unfair sentencing was without merit. Therefore, the lower judgment

3. According to Article 457-2 of the former Criminal Procedure Act (amended by Act No. 15257, Dec. 19, 2017) regarding the Defendant’s assertion of misapprehension of the legal doctrine, the principle of prohibition of disadvantageous alteration is applied since no sentence heavier than that of the summary order is imposed on a case for which the Defendant requested a formal trial. However, according to Article 457-2 of the current Criminal Procedure Act after the amendment of the above provision, the case for which the Defendant requested a formal trial, a sentence of more severe punishment than that of the summary order is not imposed (Article 1), but the same type of punishment is the same (Article 1).