The part against the defendant shall be reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

A. The facts charged in the instant case are as follows: “A around April 2007, the Defendant acquired money from the victim N through A, such as “A around June 7, 2007, through an influorous area, through S, with a phone call from the victim.” Since the time and place of the Defendant’s speech was not specified, the facts charged are not specified to the extent that it would hinder the victim’s exercise of the right to defense.

B. Although there was a fact that the defendant was aware of the victim's position of professor by the request of A and received money from A, there was no intention to commit fraud against the victim and there was no deception by the victim, and among the facts indicated as the amount of damage under the facts charged in this case, the facts charged in this case include the fact that it was received under a personal name from A, but the court below erred by misapprehending the legal principles on the intention to commit fraud or deception, or by misapprehending the legal principles on fraud.

C. The sentence imposed by the court below on the defendant (a prison term of eight months, a suspended sentence of two years, and a community service order of forty hours) is too unreasonable.

2. On April 2007, the Defendant: (a) received a request from A to appoint a professor of the Victim N’s wife; (b) however, even if the Defendant received money from the victim as the name of the P University Development Fund, he/she had no intent or ability to employ the saidO as a professor of the P University; and (c) did not pay the money to the victim as the development fund; and (d) made a false statement that he/she would appoint the saidO as a professor of the P University to acquire money from the victim.

around April 2007, the Defendant would appoint O to the P University located in Daejeon as a professor at the R hotel coffee shop located in Geumcheon-gu Seoul Metropolitan Government, through A, around April 2007.

2.3.