The judgment of the court below is reversed.

Defendant shall be punished by a fine of 300,000 won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant did not wish the victims to do so.

B. The sentence imposed by the court below (700,000 won of fine) is too unreasonable.

2. Determination

A. The victims of the assertion of mistake of facts consistently made a statement from the investigative agency to the court below to the court below to the purport that they had expressed their desire to the same as the entries in the facts charged. In light of the statements of the victims, the judgment of the court below that convicted the Defendant is justified.

Therefore, the defendant's assertion of mistake is without merit.

B. In light of the fact that the Defendant has no record of having been sentenced to a punishment exceeding a fine, and that there is no other evidence of the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence imposed by the lower court on the Defendant is deemed to be unreasonable on the ground that the sentence imposed by the Defendant is unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again.

In other words, the facts constituting a crime and the summary of the evidence recognized by the court as stated in the reasoning of the judgment below are the same as stated in each corresponding column of the reasoning of the judgment below. Thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 311 of the Criminal Act concerning the crime concerned;

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

1. Selection of an alternative fine for punishment;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act prior to the sentencing of the provisional payment order shall be determined as ordered in consideration of the various circumstances as seen earlier.