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. In light of the substance and nature of the instant crime and the nature of the crime, the lower court’s punishment (five million won of a fine) is deemed to be too unhued and unreasonable.

2. Prior to the prosecutor's judgment on the grounds for appeal, Articles 157 and 153 of the Criminal Act provide that "if a person who committed a crime without accusation makes a confession or acceptance of a punishment before the judgment or disciplinary action on the reported case becomes final and conclusive, the punishment shall be mitigated or remitted." According to the records of this case, it can be acknowledged that the defendant led to the crime of this case at the prosecutor's office and the court below, and that the case against D, the defendant was not prosecuted. This constitutes a confession made before the judgment on the reported case becomes final and conclusive, and thus, the punishment should be mitigated or exempted as necessary pursuant to Articles 157 and 153 of the Criminal Act. However, the court below erred in omitting the necessary reduction or exemption of the punishment against the defendant, and thus, the judgment of the court below is no longer maintained.

3. Therefore, 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 the evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are as stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 156 of the Criminal Act and Article 156 of the same Act concerning criminal facts and the choice of fines;

1. Articles 157, 153, and 55 (1) 6 (Confession) of the Criminal Act, which are statutory mitigation;

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

1. The offense with no reason for sentencing under Article 334(1) of the Criminal Procedure Act is harmful to the judicial function of the State, and the offense is unjust.