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 sentence of the court below (one year of imprisonment with prison labor for four months and one year of suspended execution) is too unreasonable when considering various circumstances against the defendant in light of the summary of the grounds for appeal.

2. Prior to the judgment on the grounds of appeal by the defendant, Articles 157 and 153 of the Criminal Act provide that "if a person who committed a crime without accusation makes a confession or a person receiving a punishment prior to the judgment or disciplinary action on the reported case becomes final and conclusive, the punishment shall be mitigated or remitted." Thus, when the defendant has led to the conviction of the case in this case, and the case with respect to F, for which the defendant was found not guilty, and it is obvious that he was subject to a disposition not to institute a prosecution and his judgment became final and conclusive, the judgment of the court below cannot be maintained, as long as the punishment against the defendant is to be mitigated or exempted pursuant to Articles 157 and

3. Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence acknowledged by the court below are as stated in each corresponding column of the judgment below, except for the change of the "written statement of the defendant to the "written statement of the court below" in the summary of the evidence of the court below to the "written statement of the defendant at the court below". As such,

Application of Statutes

1. Article 156 of the Criminal Act and Article 156 of the same Act concerning criminal facts and the choice of fines;

1. Articles 157, 153, and 55 (1) 6 (Confession) of the Criminal Act, which are statutory mitigation;

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

1. The offense without reason for sentencing under Article 334(1) of the Criminal Procedure Act is a crime which impairs the nation’s criminal justice function and causes a person without reason to be subject to unfair criminal punishment, and thus is highly likely to be subject to criticism.