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 summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, observation of protection, and community service 200 hours) imposed by the court below is too unreasonable.

2. In light of the content and circumstances of the instant crime, etc., the fact that the nature of the instant crime is not good, and that the total amount of damage exceeds KRW 200 million, etc. is disadvantageous to the Defendant.

However, considering the favorable circumstances, such as the fact that the Defendant was fully aware of the crime of this case, the construction is actually carried out and partial progress is completed, the victim and the first head of the crime of this case agreed smoothly with the court below, and the equity with the case where the judgment of first head of the crime of this case is to be rendered simultaneously with the case where the crime of this case became final and conclusive, and other circumstances that form the conditions for the sentencing of this case, such as the Defendant’s age, sexual conduct, environment, method and circumstance after the crime of this case, and criminal record relation, the sentence imposed by the court below is unreasonable.

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 it is again decided as follows after pleading.

In addition, since the application for compensation by one applicant for compensation falls under a case in which the scope of the defendant's liability for compensation is not clear, it is decided to dismiss it in accordance with Article 32 (1) 3 and Article 25 (3) 3 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.

Criminal facts

The summary of the facts constituting a crime and evidence acknowledged by this court is as follows: the summary of the facts constituting a crime of the judgment below and the correction of the facts constituting a crime of the court below to “assign 50 million won and deliver 50 million won” under Article 369 of the Criminal Procedure Act is the same as the corresponding column of the judgment below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (a comprehensive determination of fines);

1. To treat concurrent crimes;