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.

The summary of the grounds for appeal by the defendant is that the punishment of one year of suspended execution (40 hours of community service) is too unreasonable in the six months of imprisonment sentenced by the court below.

Considering the fact that the acquired amount of this case is up to 45,00,000 won, the crime quality of this case in which the defendant supplied products different from the agreed ones and acquired the price of supplied goods is also inferior, the following circumstances are considered: (i) the defendant is against the defendant; (ii) the defendant's user corporation and the victim Samsung Heavy Industries Co., Ltd., which was the defendant for the first time in the trial; and (iii) the victim paid the amount of 26 million won to the victim and the victim wanting to take the preference against the defendant; (iv) the defendant paid the above amount of 26 million won upon the agreement that the defendant and the above D paid the above amount of 26 million won to the defendant; and (v) the defendant had been punished twice as a fine, and there is no record of punishment like this case; and (v) the defendant's age, sex, environment, intelligence, motive, means and consequence of the crime; and (v) the circumstances of the crime were considered in the above case.

Therefore, since the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following judgment shall be rendered again after pleading.

Criminal facts

The summary of the defendant's criminal facts and the summary of the evidence is the same as that of each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (2) and (1) of the Criminal Act concerning the facts constituting a crime and Articles 347 (2) and (1) of the Criminal Act concerning the selection of punishment;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;