A defendant shall be punished by imprisonment for not less than two years and six months.

A. The facts charged of mistake in fact received KRW 1,349,292,650 from the victim, and remitted KRW 1,076,460,106 to the victim, and acquired pecuniary benefits equivalent to KRW 272,832,544, which is the difference. The amount that the defendant received from the victim is less than the above KRW 1,349,292,650.

Specifically, among the details of receipt of personnel expenses, KRW 10,00,00, Nos. 10, 100 is indicated as remittance by X. 2,000 is unrelated to the victim. ② Nos. 21, 21, 100,000 won is indicated as deposit in cash in the transaction statement of the passbook in the name of Te. and is not related to the victim. ③ The remittance of KRW 4,825,00 from the victim is consistent with the receipt of the money from the victim. However, the payment was made on September 4, 201, 4, 200,000 won was 5,00,000 won was 4,000 won, 99,000 won was 13,00,000 won, 104,31,90,000 won was remitted from the passbook in the name of Tong, and 5,000 won was not related to the victim under the name of the passbook.

Ultimately, the amount that the defendant received from the victim is not KRW 1,349,292,650 but KRW 1,291,467,650.

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

2. Determination

A. According to the evidence duly adopted and examined by the court below and the trial court, the defendant stated that he would return approximately 3% of the profits to the victim E after the prior payment of personnel expenses to be used for the selective distribution business operated by the defendant. The victim paid the defendant the money in the name of the defendant's paper T (I) in the name of the defendant's paper.