The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The sentence of a fine of KRW 5 million imposed by the lower court is too uneased and unreasonable.

2. Prior to the determination of the grounds for appeal by the prosecutor ex officio prior to the determination of the reasons for appeal by the ex officio, the reason for return to the victim as the seized stolen property must be sentenced to a return to the victim by the judgment (Article 33(1) of the Criminal Procedure Act). According to the evidence duly adopted and examined by the court below, subparagraph 5 (galle J7 mobile phones) and No. 6 (Welfare Card) of the seized evidence are the stolen property of the instant crime, and there is no evidence to prove that the reason for return to the victim was a provisional return on the record.

Therefore, even though the court below should have sentenced the above seizures to the victim by judgment, the court below omitted them, and in this regard, the court below was no longer able to maintain them.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and the judgment below is again decided as follows after oral argument.

Criminal facts

The summary of facts and evidence admitted by this court is the final appeal of July 17, 2019, which is the last part of the criminal records of the judgment of the court below and is currently pending in the court of final appeal.

With the exception that “the dismissal of a final appeal was pronounced at the appellate court on November 14, 2019,” it is identical to the description of each corresponding column of the lower judgment, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 342 of the Criminal Act, Articles 329 of the same Act, Article 360 (1) of the Criminal Act (the embezzlement of stolen articles), the latter part of Article 37 of the Criminal Act, Articles 39 (1) and 37 of the Criminal Act, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act concerning concurrent crimes among concurrent crimes under Article 39 (1) of the Criminal Act.