The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

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

Defendant

In addition, the defense counsel explicitly withdraws the mistake of fact and the claim of mental disability during the second trial of the trial.

2. In light of the following factors: (a) the Defendant was at the time of committing the instant crime when he was in the trial; and (b) the Defendant returned money to the victim when taking into account the circumstances leading to committing the instant crime; and (c) other factors such as the Defendant’s age, occupation, occupation, character and conduct, family relationship, motive, means and consequence of the instant crime; and (d) all of the sentencing conditions specified in the records and arguments, such as the circumstances after committing the crime, etc., the lower court’s punishment is too unreasonable.

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

【Reason used in the judgment below] The facts constituting a crime and the summary of evidence acknowledged by the court below, and the summary of evidence, are identical to each corresponding column of the judgment below, except for changing “1. Defendant’s partial statement” in the first instance judgment to “1. Defendant’s oral statement,” and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 350 (1) of the relevant Act concerning the facts constituting an offense, the selective punishment, and Article 350 (1) of the selective punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act;