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 main point of the grounds for appeal is that the sentence of one year of suspended sentence is too unreasonable for six months of imprisonment, which the court below sentenced to the defendant.

2. Before deciding on the grounds for appeal ex officio, Article 157 and Article 153 of the Criminal Act provides that if a person who committed an offense without accusation under Article 156 of the same Act voluntarily surrenders himself/herself before the judgment or disciplinary action on the reported case becomes final and conclusive, the punishment shall be mitigated or exempted, and such confession prior to such a final and conclusive judgment shall be stipulated as the grounds for necessary mitigation or exemption.

In addition, since there is no legal restriction as to the above confession procedure, it is hard to find out that the defendant or suspect of the case was a false fact before he appeared as a witness at the court dealing with the reported case or the adjudication division dealing with the case, and that he was found to have been in a false fact, and that the defendant or suspect of the case was also included in the concept of confession (see Supreme Court Decisions 73Do1639 delivered on November 27, 197, Supreme Court Decisions 75Do3316 delivered on February 22, 197, Supreme Court Decision 2004Do831 delivered on April 9, 2004, etc.). In this case, the defendant in this case, when he was in the trial of the party, and the facts charged of this case were acknowledged as all of the facts charged of this case, and it is necessary to reduce or exempt the punishment against the defendant since the defendant or the suspect in this case was not subject to a disposition of non-prosecution against D who was accused by the defendant, and has yet been determined.

3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of the above ex officio reversal.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: the summary of the evidence is as follows, except for adding “the defendant’s oral statement” to the summary column of the evidence.