A. misunderstanding of facts and misapprehension of legal principles 1) The parties involved in the obstruction of the performance of official duties by deceptive means are most criminal offenders who constitute a violation of the Criminal Act or the Act on the Promotion of National Sports, and the Defendant reported the crime. In a case where an investigative agency closely conducted an investigation, it could have known the fact that the parties were committing the crime of gambling, etc., so it does not constitute a deceptive scheme.

In addition, since there is no fact that the investigative agency committed a wrong disposition due to the defendant's petition, it is not a crime of interference with the execution of deceptive measures.

2) Since the victim involved in the crime of extortion is a person who operates a gambling site, the victim’s property right is not a property right worthy of protection, and it does not pay 2 million won in cash to the defendant by causing the victim’s appearance outside.

3) Since the account that the Defendant applied for the suspension of payment in relation to the violation of the Special Act on the Prevention of Damage to Telecommunications Financial Fraud and the Refund of Damage Money is the fraud account, requesting the suspension of payment after filing a fraudulent report thereon does not constitute a violation of the Special Act on the Prevention of Damage to Telecommunications Financial Fraud and the Refund of

Even if the defendant's domestic payment suspension account is not a fraud account, the defendant is known to the fraud account and thus there is no intention to commit a violation of the Special Act.

4) Since the Defendant kept L’s passbook and check cards in order to recover the principal deposited in the Internet gambling site account, the Defendant did not have the purpose of using them for the crime.

B. The sentence sentenced by the lower court (one year of imprisonment, confiscation) is too unreasonable.

2. Determination on the misapprehension of facts and misapprehension of legal principles

(a) actively manipulates and submits false evidence with regard to interference with the performance of official duties in a deceptive scheme, and even if the investigative agency conducts a faithful investigation into the authenticity of the evidence as a result of the manipulation of the evidence, evidence submitted.