The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The sentence of the lower court (five months of imprisonment) is too unreasonable as the gist of the grounds for appeal is too unreasonable.

2. The fact that the defendant had a large number of criminal records, including the same criminal records, is disadvantageous.

However, it is advantageous to the fact that the defendant recognized the crime of this case and reflects it, and that 45.6 million won is deposited in full, and that the defendant should consider the equity with the case of being tried at the same time as the crime of violating the Road Traffic Act (unlicensed driving) in the judgment of the court below that became final and conclusive.

In addition, comprehensively taking account of the Defendant’s age, sex, family relationship, circumstances after the commission of the crime, and various sentencing conditions as shown in the instant records and pleadings, the lower court’s punishment is too unreasonable.

Defendant’s assertion is reasonable.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are determined as follows: (a) on the grounds of the above unfair argument in sentencing; and (b) on the grounds of the foregoing, the sentence as ordered