The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal that the court below rendered on the defendant (five million won of a fine) is too unreasonable.

2. Prior to the judgment on the grounds for appeal, prior to the judgment on the grounds for appeal, the Defendant: (a) led to the confession that the Defendant had instigated the Defendant C with the perjury on July 23, 2014, before the judgment on the grounds for appeal became final and conclusive on December 24, 2014; and (b) pursuant to Article 153 of the Criminal Act, the Defendant’s punishment against the Defendant shall be mitigated or exempted; and (c) the lower court’s judgment was too excessive, and thus, no longer maintained.

3. Accordingly, 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, and the judgment below is reversed and it is again decided as follows.

Criminal facts

Since the main text of the judgment of the court below is the same as the corresponding column of the judgment below, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 152 (1) and 31 (1) of the Criminal Act concerning the selection of criminal facts;

1. Articles 153 and 55 (1) 6 of the Criminal Act to be mitigated legally (Confession before the judgment on the perjury case becomes final and conclusive);

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. The sentencing grounds of Article 334(1) of the Criminal Procedure Act for the order of provisional payment pursuant to Article 334(1) are as follows: (a) a defendant was led to confession and reflects the crime of this case; and (b) it appears that C’s perjury does not have any particular influence on the result; and (c) taking full account of various circumstances, such as the defendant’s age, character and conduct, motive, means and consequence of the crime of this case, and the circumstances after