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

A. As a matter of course of returning 80,000 won, part of the support payments that the defendant paid to the victim C, the defendant sent a Kakakao Stockholm message to the effect that he saw the victim referring to the forced sexual intercourse during the process of dividing the conversation with the victim, and it does not go to the withdrawal of the money by threatening the victim to post a letter informing the sexual relationship on the Internet unless 80,000 won is known. However, the court below found the defendant guilty of this part of the facts charged on a different premise, which affected the conclusion of the judgment, by misunderstanding the facts.

B. In light of the fact that there is a family member to support the defendant, and the facts of the crime of fraud reflects the mistake while all the facts of the crime of fraud and partly repaid the amount of money damaged by the fraud, the sentence of imprisonment by the court below (six months of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The judgment of the court below also argued to the effect that the Defendant attempted to commit an attempted crime as stated in this part of the grounds for appeal, and the court below rendered a text message to the effect that: (a) the Defendant was urged to refund KRW 800,000,000 out of the amount sponsored by the victim as follows based on the evidence duly adopted and examined; (b) the Defendant, even before mentioning the sexual intercourse between the victim and the victim, made intimidation on the Internet to the effect that the Defendant had already known it to the company broadcasting station, etc.; and (c) prepared and transmitted a text to the effect that there was a fact of sexual intercourse with the victim as an example of an article posted on the Internet; and (d) the Defendant forced the victim to make a sexual intercourse.