The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

1. The gist of the grounds for appeal is that the lower court’s punishment (7 million won of a fine) is excessively unreasonable.

2. Prior to the judgment on the Defendant’s assertion of unfair sentencing ex officio, pursuant to Article 323(1) of the Criminal Procedure Act, the grounds for the judgment on the conviction should clearly state the facts constituting an offense, the summary of evidence, and the application of statutes. If the grounds for the judgment in the judgment of conviction were omitted in the grounds for the judgment of conviction, it constitutes a ground for reversal (see, e.g., Supreme Court Decision 2009Do3505, Jun. 25, 2009). However, according to the records, the court below acknowledged the Defendant as guilty and sentenced the Defendant a fine of seven million won, and recognized the facts omitted without entirely stating all of the facts constituting an offense, the application of statutes, and the summary of evidence in this regard. Thus, the court below is no longer upheld.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is also reversed and it is again decided as follows.

Punishment of the crime

The Defendant conspired with B to buy and resell the mobile phone from taxi engineers in return for the share of money in return for resale. The Defendant advertised that he/she purchased a mobile phone with the name of 'C' and ‘Carrying phone and mobile phone' while distributing to the taxi engineers standing in the taxi platform, etc. of the Geum-si Station the name of 'C' and 'Carrying phone and mobile phone'. From the beginning of January 2013 to the end of January 21 of the same month, the Defendant advertised that he/she purchased the mobile phone with the name of 'C' and 'Carrying phone and mobile phone'. The Defendant knew that 28 cell phoness, such as 10-2 million won per 1, even though he/she knew that he/she was stolen from the taxi drivers in the Geum-si Station, etc. in the Geum-si Station, the Defendant purchased the mobile phone with D and other cell phone from them.