The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

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 (the penalty amounting to KRW 2.5 million and the confiscated evidence Nos. 1 to 3) is too unreasonable.

2. The social need to eradicate the speculative business to be determined, and the fact that the period for committing the instant crime is not shorter than that of the Defendant is disadvantageous to the Defendant.

On the other hand, the defendant seems to be against the defendant's recognition of the crime of this case, and the free use of rice 10kg, cremation site, and fishing place free of charge, which are the free use of a fishing place. In light of the type and amount of the crime of this case, the defendant's character is high.

It does not seem that the defendant does not seem to have any other criminal record, except that the defendant was sentenced to a fine of small amount twice for a crime of dypology between 2002 and 2003, and there is no other criminal record.

In full view of the above circumstances and other circumstances, comprehensively taking account of the Defendant’s health status, age, sex, environment, scale of business, circumstances leading to the instant crime, and various sentencing conditions as shown in the records and arguments, the lower court’s punishment is somewhat 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, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 30 (2) 1 and Article 4 (1) of the Act on Special Cases concerning Regulation and Punishment of Crimes, such as Relevant Acts and selective speculative acts, etc. concerning criminal facts, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Prior to the grounds for sentencing under Article 48(1) of the Confiscation Criminal Act, the sentence as ordered shall be determined by taking into account the various circumstances as seen in the part of the judgment on the Defendant’s unfair argument of sentencing.