The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10 million.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the summary of the grounds for appeal is unfair because the punishment (25 million won) imposed by the defendant is too unreasonable.

2. The amount received by the Defendant is not small in size, and the allowances that the Defendant acquired by committing the instant crime reaches KRW 250 million.

However, the Defendant recognized all the crimes of this case, and repented his depth.

Since considerable of the amounts received by the defendant is re-investment due to the maturity of existing investments, it is deemed that the actual amount of damage is less than that of the defendant.

As a result of the Defendant’s failure to recover the amount invested, there seems to be almost no profit gained by the Defendant in relation to the instant crime.

At the same time with the defendant, I were the superior of the defendant among the persons who work in H corporation and participated in the similar receiving crime, and I was sentenced to a fine of KRW 4 million for the defendant, KRW 7 million for the J, and KRW 6 million for the K. It was sentenced to a fine of KRW 84 billion for the business employees of D corporation, and KRW 10 million for L and M, each of which was sentenced to a fine of KRW 10 million for the crime of similar receiving.

On October 19, 2017, the Defendant was sentenced to ten months of imprisonment for fraud at the Seoul East District Court and two years of suspended execution, and the above judgment became final and conclusive. The equity should be taken into account when the above crime and the instant crime are simultaneously adjudicated.

In addition, for the first time, some victims expressed their intention that they do not want the punishment of the defendant.

In full view of all the conditions of sentencing as shown in the arguments, including these circumstances, including the defendant's age, sex, environment, circumstances of the crime, and circumstances after the crime, the sentence imposed by the court below is somewhat inappropriate.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and the judgment below is ruled as follows.

[Judgment to be used again]