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

A. It is true that the defendant did not pay part of the media to the victim, but this is merely a non-performance of civil liability, and the defendant does not deceiving the victim as stated in the facts charged and does not intend to commit fraud.

Even if the defendant is found guilty, the punishment sentenced by the court below (10 months of imprisonment) is too unreasonable.

B. The prosecutor’s act of carrying out the advertisement-related media agency for "a new entry into a new entry into a MF," there was deception between F’s financial standing and the Defendant’s act of deception on the payment of the cost of media, and the victim suffered property damage as a result of concluding the above advertisement-related contract. Therefore, the crime

The sentence sentenced by the court below is too uneasible and unfair.

2. An ex officio prosecutor filed an application for modification of an indictment with respect to the portion of innocence as stated in paragraph (1) [the reasons for the new judgment of the court below] of Article 1 of the "not guilty portion" among the facts charged in the second fraud (related to the new port of entry by M) No. 2 of the list of crimes attached to the judgment of the court below which the court below acquitted the defendant at the court below at the trial, and this court permitted it and changed the subject of the judgment.

In this respect, the judgment of the court below cannot be maintained.

However, the Defendant’s assertion of mistake of facts is still subject to the judgment of this court even if there are the above reasons for reversal of authority. (On the other hand, in the case of the charge of fraud related to the new port of entry, the contents of deception and disposal have changed due to the modification of indictment, so the judgment on the prosecutor’s assertion of mistake of facts based on the existing facts charged is no longer necessary, and this is examined

3. Judgment on the Defendant’s assertion of mistake of facts

A. It is based on the evidence duly adopted and examined by the court below as to the fraud 1, 4 re-influences Nos. 1, 4 of the crimes attached to the judgment of the court below (related to the JJ sector and the insurance premium).