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

The above fine shall not be paid by the defendant.

A. The Defendant does not have obtained money from E by means of false statement, such as the facts charged, from E.

B. The lower court’s sentencing of an unreasonable sentencing (2 million won of fine) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the lower court regarding the assertion of mistake of facts, the facts that the Defendant acquired 2 million won from E by misrepresentation can be sufficiently recognized, as stated in the facts charged, by means of false remarks to E.

Therefore, we cannot accept this part of the defendant's assertion.

B. On June 2014, the lower court’s sentencing is somewhat inappropriate in light of the fact that the Defendant did not want punishment against the Defendant by mutual consent with the victim, the amount of damage in the instant case, the age, character and conduct, career, motive, circumstance, means and consequence of the crime, etc.

Therefore, this part of the defendant's argument is justified.

3. Since the appeal by the defendant is well-grounded, it shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it shall be ruled again as follows.

[Dao-written judgment] The facts constituting an offense and the summary of the evidence recognized by the court and the summary of the evidence are as follows. Except for the case where the second instance of the evidence is changed to the witness E's statement in the original trial and the original trial, it is the same as the corresponding column of the original judgment. Thus, it is cited as it is 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;

1. It is so decided as per Disposition on the grounds of Articles 70(1) and 69(2) of the Criminal Act or above;