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 main point of the grounds for appeal is that the lower court’s punishment (two million won of fine) is too unreasonable.

2. In full view of the circumstances that are disadvantageous to the Defendant, the fact that the nature of the instant crime is not good, the Defendant’s mistake is against the Defendant, the amount of damage is a small amount, the favorable circumstances that do not have the same kind of criminal power, and other circumstances that form the conditions of sentencing specified in the instant pleadings, such as the Defendant’s age, character and conduct, environment, economic circumstances, and the circumstances after the instant crime, the lower court’s punishment is unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 350(1) of the Criminal Act, Articles 352 and 350(1) of the Criminal Act (the point of conflict), the choice of a fine for an offense, the choice of a fine, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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;