The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (a fine of three million won) imposed by the court below is too unreasonable;

(A) The Defendant, on the fourth trial date of the trial of the first instance, explicitly withdraws the assertion of mistake on the grounds of facts). (2) Although there were extenuating circumstances against the Defendant, such as the following: (a) the Defendant made a judgment on February 2, 198; and (b) the amount of damage was not relatively small to KRW 30 million; (c) on the other hand, the Defendant made a confession of the crime of this case and made a statement that it was divided into the crime; (d) there was no penalty power except the Defendant’s suspension of indictment due to the damage of property; and (e) the Defendant made a mediation to pay KRW 57 million to the victim in the name of compensation for damages or compromise (Korean Government High Court Decision 2011Da5714). In relation to the instant case, there is a favorable circumstance for the Defendant, such as that the Defendant actually received KRW 30 million out of the amount;

In full view of the above circumstances and the defendant’s age, character and conduct, intelligence and environment, relationship with the victim, motive and background of the crime of this case, means and consequence, circumstances after the crime of this case, family relationship, etc., the sentence of the court below is somewhat unreasonable.

3. If so, the defendant's appeal is reasonable, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts constituting an offense acknowledged by the court and the summary of the evidence is as stated in the corresponding column of the judgment of the court below, except for the alteration of the "1. The defendant's partial statement" in the summary of the evidence from among the judgment of the court below to the "1. The defendant's oral statement (the date of the fourth trial of the court below)" as stated in the corresponding column of the judgment of the court below. As such,

Application of Statutes

1. Relevant Articles of the Act concerning the facts constituting the crime;