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 sentence imposed by the court below on the defendant (one hundred months of imprisonment) is too unreasonable.

2. In full view of the following circumstances: (a) the Defendant recognized the facts charged in this case; (b) the Defendant did not have the same criminal record; (c) the Defendant deposited the amount of KRW 94,694,138 for the victim at the time of the trial; and (d) the Defendant’s age, sexual conduct, environment, motive or circumstance of the crime; and (e) other circumstances shown in the records and pleadings, such as the circumstances after the crime, the sentence imposed by the lower court is too unreasonable.

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

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of punishment for a crime;

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

1. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order shall be determined as set forth in the Disposition for the same reasons as seen in the judgment on the above reasons for appeal.