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 sentence imposed by the lower court (four months of imprisonment) is too unreasonable.

2. The judgment is that the defendant again commits the instant crime during the period of repeated crime due to the same kind of crime, and the nature of such crime is considerably poor.

However, in light of the following circumstances, the Defendant’s confession, and the amount of damage caused by the instant crime is only KRW 200,000,000, and the Defendant appears to have an opportunity to reflect despite being detained for the degree of two months, and other various circumstances that are conditions for sentencing indicated in the record, such as the Defendant’s age, character and conduct, environment, occupation, family relationship, etc., the sentence of the lower court is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (aggravating concurrent crimes with the punishment determined in the crime of fraud against victim G with heavier penalty);

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;