The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (unfair sentencing) is unreasonable in that of the lower court’s punishment (one hundred months of imprisonment, two years of suspended sentence, and eight hours of community service).

Although the defendant stated in the appellate brief that he is guilty of facts, the defendant explicitly withdrawn the above argument on the second trial date.

2. Determination

A. It is recognized that the amount of defraudation of this case is equivalent to KRW 269 million, and the amount is larger, and the Defendant was unable to reach an agreement with the victim up to the depth of the party.

B. However, the Defendant, at the trial of the party, led to confession and reflect on the instant crime, and the degree of the Defendant’s participation in the instant crime is relatively minor.

In full view of the following circumstances: (a) the Defendant appears to have no record of criminal punishment; (b) the Defendant was the first offender with no record of criminal punishment; (c) the Defendant agreed with the Victim A and B; and (d) the Defendant’s provision of electronic consignment or electronic tampering to the Government Offices; and (c) the Defendant may interfere with the performance of his/her duties if he/she is sentenced to a suspended sentence or heavier punishment; and (d) the Defendant’s age, details of the crime; and (e) the conditions of sentencing specified in the instant pleadings

(c)

Therefore, the defendant's above assertion is justified.

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

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: (a) except for the addition of “Defendant C’s oral statement” to the column of the evidence as indicated in the judgment of the court below, the description of each corresponding column of the judgment below is identical to that of the court below; and (b) such a summary is cited by Article 369 of the Criminal Procedure Act

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and Article 30 of the Criminal Act;

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