A. The court below convicted the defendant of this part of the facts charged, which is erroneous in the misunderstanding of facts or in the misunderstanding of legal principles. ① The police officer's questioning of the defendant by telephone without disclosing his position and name violates Article 3 of the Act on the Performance of Duties by Police Officers. ② The defendant did not cause I to escape, and even though he did not have intention to escape, the defendant did not have intention to escape. The court below erred in the misapprehension of legal principles, which affected the conclusion of the judgment.

2) With respect to attempted fraud, the lower court convicted the Defendant of this part of the facts charged, on the ground that: (a) the Defendant did not lease the Henland Lone Star (hereinafter “instant vehicle”) to the part of the organizing “E Games”; and (b) the receipt of the insurance accident regarding the instant vehicle cannot be deemed to have commenced the commission of fraud by itself; and (c) the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (six months of imprisonment, two years of suspended sentence, two years of community service, two hundred hours of imprisonment) is too unreasonable.

2. Determination

A. Determination as to the assertion of misunderstanding of facts or misapprehension of legal principles 1) Determination as to the assertion of violation of the Act on the Execution of Duties by Police Officers (the Act on the Execution of Duties by Police Officers) (1) Police Officers may stop any of the following persons and question him/her:

1. That a person has committed or is about to commit a crime in view of a reasonable judgment on water behavior or other surrounding circumstances;

A person with considerable reasons to suspect;

2. A police officer shall be deemed to be disadvantageous to the person in question or to obstruct traffic, making inquiries at the places where persons referred to in subparagraphs of paragraph (1) have stopped persons referred to in paragraph (1).