A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

A. The issuance of a visa to victims of misunderstanding of facts was conducted through an enterprise "K acting as an agent for the issuance of a visa by China and China in China," and the Defendant talked with the victims in advance.

In doing so, K'K's receipt of money from the victims and without issuing a visa, it is not possible to issue a visa.

Therefore, the defendant is not guilty of money without the intention or ability to receive the visa.

B. The lower court’s sentence (six months of imprisonment) against an unfair defendant in sentencing is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court as to the assertion of mistake of facts, the Defendant may recognize the fact that each victim made a false statement as stated in the facts charged and acquired money by deceiving the victims, and also fully recognize the criminal intent of the Defendant’s defraudation.

Therefore, the judgment of the court below is just and it is not erroneous as alleged by the defendant.

This part of the defendant's assertion is without merit.

1) The victim C and E consistently maintained the statements from the investigative agency to the court of the court below, consistent with each of the facts charged in the instant case. The victim C and E did not hear any speech from the Chinese company, including K, etc., claimed by the Defendant, with respect to the non-party company in China.

The consistent statements also made.

In addition, it has made very concrete statements about the circumstances that the defendant came to know, the process of remitting money to the defendant, the attitude of the defendant after the remittance.

피해자 C의 진술은 피고인과 피해자 C 사이의 대화 녹취록, 위 챗 메시지 내용 등에 부합하며, 피해자들은 서로 잘 모르는 사이로...