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 decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.

2. Determination is based on the following facts: (a) the Defendant had the same criminal record five times; (b) the Defendant committed the instant crime during the period of repeated crime due to the same kind of crime; (c) the Defendant committed the instant crime during the period of repeated crime; (d) the Defendant agreed with the victim in the first instance; (c) the confession was contrary to the victim; (d) the amount of theft was relatively small amount of KRW 40,00,000; and (c)

In full view of the above sentencing factors, in full view of the Defendant’s age, family relation, economic situation, background and motive leading up to the commission of the crime, and all other matters on the sentencing as indicated in the records and arguments of this case, the judgment below’s punishment is unlimited and unfair, and thus, the Defendant’s assertion is with merit.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

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

1. Article 57 of the Criminal Act including the number of days of detention in prison;