The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Although the Defendant was not guilty at the time and place of the decision of the court below, the court below found the Defendant guilty of the facts charged in this case. In so doing, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (one million won in penalty) is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, according to the statement made by the Defendant at the court of first instance on January 25, 2017, the Defendant was sentenced to one and a half years of imprisonment with prison labor for special intimidation in Busan District Court’s Dong Branch Branch on June 8, 2017, and the judgment became final and conclusive on June 8, 2017. As above, the special intimidation, etc. for which the judgment became final and conclusive and the instant crime are concurrent crimes under Article 39(1) of the Criminal Act in the latter part of Article 37 of the Criminal Act, and the punishment for the instant crime is determined at the same time in consideration of equity, so the lower judgment cannot be upheld in this respect.

B. We examine the judgment of the court below on the assertion of mistake of facts since the defendant's assertion of mistake of fact is still subject to the judgment of the court.

Comprehensively taking account of the evidence duly adopted and examined by the court below, it can be acknowledged that the defendant believed that he would pay food to the employee at the date, time, and place as stated in the judgment of the court below as if he would have made the employee believe that he would pay the food price, and he would receive 1 madin 1 math after a week.

Therefore, the defendant's above assertion is without merit.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and the following is again decided after pleading.

Criminal facts.