The judgment of the first instance shall be reversed.

The sentence against the accused shall be determined by a fine of KRW 1,00,000.

The above fine shall be imposed on the defendant.

1. misunderstanding of facts as to the gist of the grounds for appeal and misunderstanding of legal principles (limited to the defendant's vehicle from inside Dong and Dong to Jinju, and there is no conspiracy with C, D, etc. to commit the instant prepaid payment, and even if such participation was made, it is merely an aiding and abetting offender), and unfair sentencing. 2. The judgment of this court

A. As to the assertion of mistake of facts, the court of first instance recognized the criminal liability as a co-principal on the ground that the defendant shared the act in essence related to the crime of this case by taking into account the statements of C and D, the circumstances leading to the crime of this case, the degree of the defendant's participation, etc. In light of the records, such determination by the court of first instance is just and acceptable, and there is no error of law such as misunderstanding of facts that affected the judgment, and

B. As to the Defendant’s assertion of unfair sentencing, comprehensively taking account of the degree of the Defendant’s participation in the instant crime, equity in the case where the judgment becomes final and conclusive, and other various sentencing conditions as indicated in the instant argument, such as the Defendant’s age, character and conduct, home circumstances, motive and circumstance of the instant crime, etc., the sentence of imprisonment for 4 months sentenced by the first instance court is too unreasonable.

3. According to the conclusion, the appeal by the defendant is justifiable, the judgment of the first instance is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment is again rendered following the pleadings.

The criminal facts and the summary of the evidence admitted by the court are the facts constituting the crime, and the summary of the evidence are citing the judgment of the court of the first instance, except for the case where the execution of the sentence is completed and the part is deleted from the site of the horizontal Housing Site in the Suwon District Court on September 9, 2009, which was sentenced to 10 months of imprisonment for fraud, etc. at the first place of the first head of the 【criminal Power】 On November 17, 2009, it is identical to the judgment of the court of the first instance.

Application of Statutes

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