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 main point of the grounds for appeal is that the lower court’s punishment (five million won of fine) is too unreasonable.

2. The judgment of the defendant alters the agreement in the name of D, and L, the spouse of the defendant, along with M, files a civil lawsuit seeking payment of the agreed amount against D et al. by using the above agreement, while recognizing the criminal facts, the defendant still prepares based on the actual agreement with D rather than seriously reflecting the criminal facts, and intends to rationalize the crime, etc. that are disadvantageous to the defendant.

However, in light of the fact that the Defendant’s wife, etc. filed a claim for an agreement prohibition against D against D, but the judgment of loss became final and conclusive, and that D actually does not have any monetary damage, and that D and redevelopment cooperatives filed a lawsuit for damages against its members, including the Defendant, the recent mediation has been completed, and that the Defendant is deemed to have no stable revenue source in light of the empirical rule, following the age of 75 years old, the lower court’s punishment seems somewhat 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.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the 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 231 of the Criminal Act and Articles 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, which relate to the facts constituting an offense, and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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