The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. Considering that the nature of the instant crime is not good, and that the amount of damage caused by the instant crime is a large amount, strict punishment against the Defendant is required.

However, considering the following factors: (a) the Defendant’s mistake is divided in depth; (b) the Defendant partially repaid the amount of damage for the victim and agreed with the victim; (c) the Defendant has no record of being punished for the same kind of crime; and (d) the Defendant’s age, sex and environment; (b) motive, means and consequence of the crime; and (c) the conditions of sentencing specified in the argument of the instant case, such as the circumstances after the crime, etc., the lower court’s punishment against the Defendant is too unreasonable; and (d) 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 is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in 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 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the choice of fines for the crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;