The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

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 (the penalty amounting to 500,000 won) is too unreasonable.

2. The judgment of the court below recognizes the defendant's mistake in the trial, the power of attorney of this case is not exercised, the defendant does not have the same criminal record, and the defendant seems to have been sentenced to a fine of 400,000 won due to a violation of the Road Traffic Act around 1997, and the defendant's life without any specific criminal record, and the defendant's age (74 years old), living environment, circumstances leading to this case, and economic conditions are considered comprehensively, and the sentence of the court below is unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 231 of the Criminal Act applicable to the crime and Article 231 of the option of punishment;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Detention in a workhouse (when a sentence of suspension of execution is invalidated or revoked, and a fine is not paid) under Article 70(1) or 69(2) of the Criminal Act (amount converted by day: 100,000 won);

1. The reasons for the reversal of the sentence under Article 62(1) of the Criminal Act are specified as the Disposition, taking into account the following circumstances into account.