The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, for two years from the date the above judgment became final and conclusive.

1. The defendant and his defense counsel explicitly withdrawn his defense from the hearing of the second instance on the date of the appeal.

The punishment sentenced by the court below (10 months of imprisonment) is too unreasonable.

2. The Defendant took part in the Defendant’s act of withdrawing and delivering cash in a single-scaming crime. Such an act is organized and planned, and is highly likely to cause numerous and unspecified persons to commit a crime, and thus, the social harm is very high. Therefore, there is a need to punish the Defendant. The amount of damage is KRW 15 million.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime; (b) the Defendant appears to have failed to gain particular benefits from the instant crime; (c) the Defendant repaid KRW 8 million to the victim in the trial room and agreed with the victim; and (d) the Defendant did not have any record of having been punished for the same kind of crime; and (c) other circumstances indicated in the instant argument, including the motive, background, means and method of the crime; (d) the degree of the Defendant’s participation in the crime; and (e) the circumstances before and after the crime; (e) the age, occupation, family relationship (including the wife and children to be supported

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) and Article 32(1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation;

1. Article 62 (1) of the Criminal Act;