The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal is unreasonable because the penalty (one million won of a fine) declared by the court below against the defendant is too unhued.

2. Although there are some favorable circumstances for the Defendant, such as the fact that the Defendant’s mistake is against the Defendant, and that he maintains a livelihood that makes it difficult to care and make it difficult after the divorce, the amount acquired by the Defendant’s crime of this case is relatively small, and the equity with the case that he was judged at the same time as the previous conviction in the judgment of the court below, the crime of this case is unfair by taking into account all the circumstances, such as the motive and circumstance leading up to the crime of this case, the circumstances before and after the crime, the Defendant’s age, character, environment, occupation, family relationship, etc., even though the MFW car embezzled by the Defendant was not owned by the Defendant but carried out a lawsuit related to it, as such, was delivered a cell phone from the victim by means of a false statement as to the fact that the crime of this case was committed, and there was no poor quality in the nature of the crime, and the fact that the Defendant did not recover or have not received any damage to the victim.

3. As such, the prosecutor'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 the following decision is rendered after pleading

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is identical to each corresponding column, except for the addition of “1. Investigation Report (the statement of damage inflicted by the complainant)” in the part on the summary of the evidence of the court below. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Selection of Fine;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with 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;