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. In light of the Defendant’s unfavorable circumstances such as the Defendant’s previous convictions on the Defendant’s assertion of unfair sentencing, but the Defendant’s previous convictions on the same or different types of crimes several times, the Defendant recognized the Defendant’s criminal acts in the trial, reflects the mistake, and agreed to the Defendant’s original agreement with F, and the Defendant’s age, character and conduct, health, environment, background and method of crime, method and consequence, etc., the lower court’s punishment (fine 5,00,000) is somewhat heavy, considering all of the sentencing conditions stated in the instant records and arguments, including the Defendant’s age, character and conduct

2. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 232 of the Criminal Act, Articles 234 and 232 of the Criminal Act, Article 228 (1) of the Criminal Act, and Articles 229 and 228 (1) of the Criminal Act, concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;