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 is against the Defendant’s depth, the Defendant was unable to easily refuse the request from a person B due to the entry into the D Building as the Director of the Management Office, there was no benefit from the instant crime, while the Defendant was dismissed from the office of the Management Office, the victim company was scheduled to recover economic damage caused by the instant crime through civil litigation against B, and the Defendant’s health condition and economic situation are very not good. In light of the above, the sentence (2 million won) imposed by the lower court is too unreasonable.

2. The Defendant committed the instant crime, which issued a false non-payment receipt, in violation of his/her duties, as the director of the management office of the D Building.

On the other hand, the crime of this case was planned and led by B, the joint defendant of the court below, which was the operator of the commercial building in the above building, and the defendant is judged to have been actively involved in the occurrence of civil petition.

The economic situation of the defendant is very high, and there is no benefit that the defendant acquired by the crime of this case.

In addition, in full view of all the sentencing conditions in the records and arguments of this case including the age, sex, environment, motive, means and consequence of the crime, including favorable or unfavorable circumstances to the defendant, the sentence of the court below against the defendant is judged to be unfair due to the absence of the sentence of the defendant.

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 judgment below is ruled as follows.

【Re-written judgment】 The facts constituting a crime recognized by the court and the summary of the evidence are identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 356, 355 (2), and 30 of the Criminal Act (Selection of Penalty Surcharge) concerning the crime;

1. Concurrent Crimes.