The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the summary of the grounds for appeal (5 million won of a fine) is too unreasonable.

2. Determination is an unfavorable circumstance to the Defendant, where the Defendant received a sum of KRW 10 million from the victim D (hereinafter “victim”) without the intention or ability to repay the amount in 2009, and acquired it by deception, and the Defendant was unable to repay the entire amount of the money to the victim until now, and was unable to agree with the victim.

However, in full view of all the circumstances that are favorable to the defendant, such as the confession and reflect of the defendant, the payment of KRW 3.1 million to the victim as interest, the deposit of KRW 3 million to the defendant, the economic situation of the defendant is difficult, the defendant does not have the same criminal power, the balance of punishment expected when the judgment was rendered at the same time as the crime of the first head of the crime in the judgment below, and the character, conduct and environment of the defendant, the background and result of the crime in this case, and the circumstances after the crime, etc., and the conditions for sentencing as shown in the records and arguments, the punishment imposed by the court below is somewhat inappropriate, and therefore

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed and it is decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns 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. Article 347(1) of the Criminal Act applicable to the relevant criminal facts and Article 347(1) of the choice of punishment (generally, choice of fines);

2. Handling concurrent crimes: latter part of Article 37 and Article 39 (1) of the Criminal Act (mutual crimes with no accusation for which a judgment of first head of the original judgment has become final and conclusive);

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

4. Article 334 (1) of the Criminal Procedure Act.