The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a year and six months, and a fine of 5,000,000 won.

except that this judgment.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for not less than one year and six months and a fine not exceeding five million won, and confiscation (No. 1 through 42) of the original judgment is too unreasonable;

2. Determination

A. The fact that the Defendant had been sentenced to a fine due to the same kind of crime in 2010, the period of this case’s implementation is a prolonged period, and the profits acquired therefrom are not significant are disadvantageous to the Defendant.

B. However, in full view of the following circumstances, the Defendant: (a) led to the confession of the instant crime while committing the instant crime; (b) the Defendant has discontinued his business to reflect the Defendant; (c) the Defendant has discontinued his business; and (d) the Defendant has been going to refuse to perform a reflective literacy; (b) it is difficult to deem that there was a serious side effect on the persons who received a reflective literacy procedure from the Defendant; (c) there are circumstances to be considered in the motive for the instant crime, such as committing the instant crime in order to prepare living expenses as the best in supporting the two married children; (d) the Defendant has paid all the taxes on the profits acquired by the instant crime; and (e) other various circumstances, which are the conditions for sentencing as shown in the instant argument, such as the Defendant’s age, character and conduct, family relationship, and circumstances after the instant crime

C. Therefore, the defendant's above assertion is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the crime and evidence against the defendant recognized by the court is identical to the corresponding column of the original judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Selection of a limited term of imprisonment, including Article 5 of the Act on Special Measures for the Control of Public Health Crimes, Article 5 subparagraph 1 of the Act on Special Measures for the Control of Public Health Crimes, and Article 27 (1) of the Medical Service Act;