A defendant shall be punished by imprisonment for not less than eight months.

A. The Defendant is aware of the fact that he obtained 30 million won from the damaged person as a bank account and acquired by fraud. However, there is no fact that he received 25 million won in cash.

Nevertheless, the court below found the above 25 million won guilty on the basis of the victim's statement without credibility. The court below erred in the misapprehension of facts, which affected the conclusion of the judgment.

B. The sentence of the lower court’s improper sentencing (one year of imprisonment) is too unreasonable.

2. Determination on the grounds for appeal (defluence of facts)

A. The summary of this part of the facts charged is as follows: (a) one million won per one million won in the list of crimes in the annexed sheet of crimes (hereinafter “crime list”) Nos. 1,50,000 won per year; (b) one million won per year; (c) 3,00,000 won per year; (d) 1,70,000 won per year; (e) two million won per year; (e) one million won per year; (f) one million won per year; (f) one million won per year; (f) one million won per year; (f) one million won per year; (f) one million won per year; (f) three million won per year; (f) one million won per year; (f) one million won per year; (f) one million won per year; (f) one million or more; (f) one million won per year; (f) one million won per year; (f) one million or more; (f) one million won per year; (f) one million or more.

B. The lower court found the Defendant guilty on the ground that, in light of the following circumstances acknowledged by the evidence as stated in the lower judgment’s reasoning, the victim, whenever he delivered cash to the Defendant, entered the details in the account book, and the victim prepared and submitted to the investigation agency the “cash payment” (Evidence No. 21-1) based on the above account book, and the victim stated separately from the details paid in cash and the details remitted to the Defendant at the time of the complaint, the victim received KRW 30 million from the damaged party to the K account, and received KRW 25 million from the Defendant to the K account.

(c)

1) The prosecutor bears the burden of proving the facts charged in a criminal trial.