The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

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 (2 million won of fine) is too unreasonable.

2. The judgment is based on the circumstances favorable to the defendant, such as the fact that the defendant committed the fraud of this case by using the victim's trust, who was working for the defendant, but there is no same power on the other hand, the defendant led to the confession of the crime of this case and stated that it is divided, the victim revoked the complaint against the defendant, the defendant paid KRW 20 million to the victim in the first instance, and the damage is recovered.

In full view of the above circumstances and the Defendant’s age, character and conduct, intelligence and environment, relationship with the victim, motive and background of the instant crime, means and consequence, circumstances after the commission of the crime, criminal record and family relation, the sentence imposed by the lower court is somewhat unreasonable.

3. If so, the defendant's appeal is reasonable, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in each corresponding column 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. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) 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;