The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. The sentence (5 million won of fine) imposed by the court below against the defendant in the summary of the grounds for appeal is too unreasonable.

2. Although the nature of the crime is not good in light of the size of the packaging car of this case and the operating period, the defendant is aged, the defendant is led to confession and reflects the crime of this case, and there is no record of criminal punishment, and the above packaging horse is deemed to have been removed at the time of the trial. In full view of all the sentencing conditions specified in the records and arguments of this case, including the defendant's age, character and conduct, environment, background and result of the crime of this case, circumstances after the crime, etc., the judgment of the court below seems to be somewhat unreasonable, and therefore the above argument of unfair sentencing is reasonable.

3. Thus, the defendant's appeal is justified, and the judgment of the court below is reversed and it is decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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. Article 97 of the Food Sanitation Act and Articles 97 (1) and 37 (4) of the same Act concerning criminal facts, the selection of punishment, and the selection of fines;

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;