The guilty portion shall be reversed.

Defendant shall be punished by a fine of 20 million won.

The above fine shall be imposed on the defendant.

A. According to the testimony of the victim J and H, the court below found the Defendant not guilty of the attempted crime by misunderstanding the facts, even though the Defendant, as stated in the facts charged in the instant case, threatened the said victim to withdraw the money.

B. The Defendant appealed on the ground that the sentence imposed by the lower court (a fine of 10 months of imprisonment and a fine of 10 million won, and a community service order of 80 hours) was too unreasonable. The Prosecutor appealed on the ground that the said sentence is too uneasible and unreasonable.

2. Determination

A. The Prosecutor’s assertion of mistake is admissible as evidence that conforms to the facts charged in this part of the indictment, and the Prosecutor’s statement at the police and H’s investigative agency. Although the contents of the J’s statement are P, the P and the Defendant demanded money as stated in the facts charged, the P and the Defendant did not know whether they are the same person, and the H’s statement is also the content of H’s statement is “I” in China, but it is merely the fact that it was inferred that it was by the Defendant’s own will.

Although the Defendant acted in the futures and options investment industry under the name of P, and assisted several futures accounts lending companies to prevent damage from the DNA attack of “I” by using the friendship with “I,” the Defendant consistently asserts that there is no demand from J for money for DNA attack. According to the evidence duly adopted and examined by the lower court and the first instance court, according to the fact that there are multiple persons other than the Defendant, who engage in activities in the name of P in the futures and options investment industry, and the phone number of P, which the J came to know at the time of mutual conflict, or its money.