The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

Seized evidence 2 through 5, 7 through 10, 13.

1. The main point of the grounds for appeal is that the lower court’s imprisonment (one year and six months of imprisonment, and confiscation) is too unhued and unreasonable.

2. Prior to the determination of the grounds for appeal ex officio, the following facts are acknowledged: (a) the Defendant voluntarily submitted 50,000 won paper paper 227, 53, 50,000 won paper 40,000 won paper 40,000 won paper 40,000 won paper 40,000 won paper 81 (Evidence 12), and the above cash was seized; (b) the cash was acquired by the Defendant as a property crime; and (c) the Defendant was sentenced to return to the victim at the time of a judgment, unless there is a clear reason to return to the victim by a conviction of the Defendant.

(Article 33(1) of the Criminal Procedure Act). Nevertheless, the lower court’s judgment may no longer be maintained as it omitted.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, on the ground that the above ground for ex officio reversal exists, and the judgment below is again decided as follows.

Criminal facts

The summary of the evidence and criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the 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 provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of punishment;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 333 (1) of the Criminal Procedure Act for return of victims;

1. The defendant's charges against the applicant for compensation pursuant to Articles 25(1), 31(1), and 31(2) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits for Compensation Orders are found guilty. As such, the amount of damage claimed by the applicant for compensation is KRW 7.4 million.