The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

1. The sentencing of the lower court (six months of imprisonment) is too unreasonable.

2. Determination is based on the following facts: (a) the Defendant had been punished for the same kind of crime; and (b) the Defendant again committed the instant crime during the period of repeated crime and the quality of the instant crime is not good.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime; (b) was detained for not less than five months in custody; and (c) the Defendant has already agreed to pay the amount of damage to the victim at the lower court; and (d) the Defendant’s age, character, conduct, intelligence and environment; (b) the motive, background, means, method, and consequence of the instant crime; and (c) the circumstances before and after the instant crime; and (d) the criminal sentence imposed by the lower court is too unreasonable, and thus, the Defendant

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal of this case is based on its reasoning, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the choice of punishment;

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;