A defendant shall be punished by imprisonment for one year.

6,750,000 won shall be additionally collected from the defendant.

A. Fact-misunderstanding that the defendant received KRW 10 million from the victim G was not a quid pro quo for introducing female employees (F) but a quid pro quo borrowed from the above victim, and there was no intention to commit the crime of defraudation in relation thereto.

Nevertheless, the court below found the defendant guilty of this part of the facts charged. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

B. The punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. The court below made a statement to the same purport as in the court of the court below to the effect that, in addition to the circumstances indicated under the title of "determination on the argument of the accused and the defense counsel" in the judgment of the court below, the following circumstances acknowledged by the evidence duly adopted and examined by the court below and the legal statement at the trial of the witness G, i.e., ① the witness G did not borrow money from the defendant, and at the time, the 10 million won was delivered to the defendant's side at the time of the defendant's failure to pay 7 million won in advance to the F (F) and 3 million won in cash as in the referral expenses to the defendant, although the court of the court below made a statement to the effect that it had been stated to the same effect as in the court of the court of the court below to the effect that the defendant knew the above victim to deliver 7 million won in advance to F, but the above money was remitted to the account under the name of F by deceiving him as if the victim was given to F, and the defendant should be given 7 million won in advance from the above individual employee.