The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

The punishment of the court below (the fine of 4 million won) sentenced to the defendant is too unreasonable.

2. In a case where the confession of a defendant ex officio is the only evidence against him, it shall not be admitted as evidence of guilt. Thus, in a case where the defendant is found guilty of facts charged on the basis of the confession of the defendant without any supporting evidence, it shall be deemed that there is an error of law

(See Supreme Court Decision 2007Do7835 Decided November 29, 2007). However, without any reinforced evidence, the lower court found the Defendant guilty of fraud in the case of 2013DaMa929 among the facts charged. Of the lower judgment, the lower court erred in violation of Article 310 of the Criminal Procedure Act concerning the rules of reinforcement of confession, which affected the conclusion of the judgment, and the crime falling under the above part and the remainder as concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, cannot be maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above reasons for reversal of the judgment of the court below are the grounds for reversal of the above authority.

Criminal facts

The summary of the facts constituting a crime and the evidence admitted by this court is as follows: (a) the first head of the facts constituting a crime in the original judgment [2013 High Court Decision 927] is deemed to read “ July 4, 2008” as “ around July 4, 2008”; and (b) the summary of the evidence is the same as that of the relevant part, except for adding “M’s police statement” to “written statement” under Article 369 of the Criminal Procedure Act; and (c) thus, such fact

Application of Statutes

1. Relevant legal provisions concerning the facts of crime and the fraud of selective punishment: The point of occupational embezzlement under Article 347 (1) of the Criminal Act: Articles 356 and 355 (1) of the Criminal Act;

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

1. Article 70 of the Criminal Act for the Detention of Labor House Head.