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.

1. The decision of the court below on the summary of the grounds for appeal (the penalty amounting to four million won) is too unreasonable.

2. The instant crime is established with regard to the crime of fraud for which judgment has become final and the crime of this case, and the relationship between the latter and the latter part of Article 37 of the Criminal Act, taking into account the equity between the case where judgment is to be rendered at the same time, and the said victim did not want the punishment of the Defendant

In addition, when comprehensively considering various sentencing conditions, such as the defendant's age, fraud (30 million won), motive of crime, etc., the punishment sentenced by the court below is 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, and the judgment below is ruled again after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) shall apply;

1. The reasons for the reversal of the sentence under Articles 70(1) and 69(2) of the Criminal Act with respect to the detention of the workhouses shall be determined by taking account of these circumstances into account in the reasons for the reversal of the sentence as ordered.