The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

1. In light of the summary of the grounds for appeal in light of all the sentencing conditions, the lower court’s punishment (a fine of KRW 20 million) is too heavy or (a) is deemed unreasonable.

2. The amount of damage caused by the instant crime is 59 million won or more, and the Defendant, even though the period of repeated crime resulting from the instant crime is a repeated crime due to the same kind of crime, the Defendant’s risk of committing the instant crime without any serious reflective proportion, and the liability for the crime is not somewhat weak.

However, in full view of the fact that the defendant repents and reflects the defendant's mistake, the defendant seems to have seriously endeavored for the recovery of damage, the court below did not agree with the victim and did not punish the defendant, and all of the sentencing conditions in the records and arguments in this case, the sentence imposed by the court below 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.

However, the prosecutor’s assertion of unfair sentencing is without merit, but the decision of the court below is reversed by accepting the defendant’s assertion of unfair sentencing, and thus, it is not stated separately in the disposition). The summary of criminal facts and evidence and summary of evidence are the same as stated in each corresponding column of the judgment of the court below, and thus, they are cited under Article 3

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 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;