The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. As to the summary order of this case, a fine of KRW 2 million (Defendant and Prosecutor) filed a request for formal trial only by the Defendant, the lower court sentenced a fine of KRW 3 million exceeding the summary order.

Therefore, the court below erred by misapprehending the legal principles on the prohibition of disadvantageous change in Article 457-2 of the Criminal Procedure Act.

B. The sentence imposed by the court below (the defendant) on the grounds of unreasonable sentencing is too unlimited and unfair.

2. We also examine the Defendant and prosecutor’s assertion of misapprehension of the legal principles.

In a case where a formal trial has been demanded by the defendant against a summary order, no penalty heavier than that imposed by the summary order shall be pronounced.

(Article 457-2 of the Criminal Procedure Act) The record reveals that the branch court of Suwon District Court issued a summary order of KRW 2 million (200,000,000) to the defendant on April 7, 2014, and only the defendant requested formal trial against the defendant, and the court below issued a fine of KRW 3 million in the formal trial against the defendant. Thus, the court below's issuance of a more severe punishment than that of the summary order as to the case for which the defendant requested formal trial was requested is unlawful against the principle of prohibition of disadvantageous alteration.

Therefore, the judgment of the court below cannot be reversed.

3. As such, the appeal by the defendant and the prosecutor is with merit. Thus, without examining the defendant's assertion of unfair sentencing, Article 364 (6) of the Criminal Procedure Act is followed, and the judgment of the court below is reversed, and the judgment below is reversed,

Criminal facts

The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the choice of punishment.