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.

Summary of Grounds for Appeal

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

Judgment

On January 31, 2012, the crime of this case was committed without being sentenced to a 3-year suspended sentence on the grounds of the violation of the Act on the Control of Narcotics, etc. on the Aggravated Punishment, etc. on the part of the defendant four occasions, and in particular, on January 31, 2012, the defendant committed the crime of this case without being sentenced to a 3-year suspended sentence on the grounds of the violation of the Act on the Aggravated Punishment, etc. on the Aggravated Punishment, etc. on the Aggravated Punishment, etc. on the part of the defendant, or the fact that the defendant committed the crime of this case is disadvantageous to the defendant, or that the amount of the fraud of this case is not significant, and the amount of the fraud of this case is not significant, and the defendant fully repaid the money to the victim when he was sentenced to the punishment of this case, and there is a harsh aspect compared to the quality of the crime of the defendant when the sentence becomes final and conclusive, the sentencing of the court below is too unfair.

Thus, the defendant's appeal is justified, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is judged as follows.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment below, and they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;