Since advance payment is received according to misunderstanding of facts and misunderstanding of legal principles, fraud is not established.

The sentence of the lower court on unreasonable sentencing is too unreasonable.

Judgment

Since misunderstanding of facts and misunderstanding of legal principles affect the establishment of fraud even if the defendant received a prepaid payment in accordance with an agreement with the victim as long as he/she received the prepaid payment without the victim's intention to work in the factory, this part of the defendant's assertion

In full view of all the sentencing conditions indicated in the records and arguments of the instant case of unfair sentencing and the fact that the damages of KRW 5.5 million have not been recovered, the lower court’s sentence is too unreasonable.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit.