A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date of the final judgment.

A. With respect to the fraud under Paragraph (1) of the facts constituting a crime in the judgment of the court below based on mistake of facts, the payment made by the victim to the defendant is not made by F on behalf of the victim under the trademark right transfer contract to be paid by F on behalf of the defendant, nor is it made as

As to the fraud of the crime No. 2 of the judgment below, the victim paid the clothes by purchasing the clothes from the defendant to sell the clothing by selling them directly to the marina, and it does not mean that the defendant deceivings the victim to acquire the above money.

Nevertheless, the lower court erred by misapprehending the facts charged, thereby adversely affecting the conclusion of the judgment.

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

2. Determination

A. In light of the following circumstances acknowledged by the court below's duly adopted and investigated evidence, namely, the victim has consistently made a statement to the effect that it conforms to each of the facts charged in this case from the investigation agency to the court below's court. The victim's statement from F and I correspond thereto, and there are no special circumstances to suspect the credibility of the statement, and there are no other circumstances to suspect the credibility of the statement, and the defendant prepared and made a written statement of payment for KRW 170 million to the victim on or around May 2014, under the premise that each of the above payment was borrowed, on or around December 16, 2013, as stated in paragraph (1) of the facts constituting the crime in the judgment of the court below, the defendant was urged to return KRW 30 million to the victim immediately after receiving KRW 100 million from the victim on or around December 16, 2013, and then to receive KRW 100 million from the next day to return the difference, thereby inducing the victim to exercise the right to sell this case directly on March 2014.