The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (e.g., a fine of 4 million won) of the lower court against the Defendant is too unreasonable.

2. It is recognized that the accused has a sentence four times as a crime of the same kind, a criminal record sentenced to a fine of 19 times, and the damage has not been restored.

However, in full view of the following circumstances: (a) the Defendant’s mistake is against each other; (b) the amount of damage is small; (c) the Defendant was sentenced on May 1, 2015 at the Seoul Northern District Court on the grounds of fraud, etc. (the total amount of damage caused by fraud KRW 9 million); and (d) the Defendant is currently pending in the appellate trial after being sentenced to imprisonment with labor on May 1, 2015; and (e) other circumstances that are conditions for sentencing, such as the Defendant’s age

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again ruled

[Discied Judgment] The summary of facts constituting an offense and evidence presented by the court is the same as that stated in each corresponding column of the judgment of the court below. Thus, it is citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant laws concerning facts constituting an offense and Article 347 (1) of the Criminal Act chosen to punish a fine;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;