The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal is too unreasonable that the penalty (4 million won of a fine) imposed by the court below against the defendant is too unreasonable.

2. Stolen goods that have been seized ex officio and the reasons for return to the victim are apparent, shall be sentenced to return to the victim by judgment;

(Article 33(1) of the Criminal Procedure Act (Article 333(1). According to the evidence duly adopted and examined by the court below, one of the Round Women's Round (No. 5), one (No. 6), one (No. 6), and one (No. 26) acquired by the defendant, and there is no evidence to prove that the reason to return the same to the relevant victim is apparent, and that the above seized articles have been temporarily returned on the record. Thus, the court below erred by omitting it even though it had been sentenced to return to the victims under Article 333(1) of the Criminal Procedure Act, so the court below cannot maintain any further.

3. Accordingly, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act and Selection of Punishment concerning the facts constituting an offense. Article 329 (Selection of Fine)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) 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;

1. The reason for sentencing under Article 333(1) of the Return Criminal Procedure Act recognizes all of the crimes of this case, and some of the larceny victims have been returned.