The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal

A. Defendant 1) In fact-misunderstanding victim C agreed to pay KRW 10 million to the Defendant, and on April 1, 2014, the part that the victim’s statement that the victim would not divulge to the SNS is written upon the request of the Defendant is made. As such, the Defendant received property by threatening the victim.

not be deemed to be the case.

Nevertheless, the judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous.

2) The punishment sentenced by the lower court (2 million won in penalty) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. Before deciding on the grounds of ex officio appeal, the Prosecutor maintained the fraud among the facts charged in the instant case as the primary facts charged, but the same is the same as the facts charged in the instant case 2. The facts charged in the instant case as stated in the conjunctive facts charged, and the “an alteration of a private document or alteration of a document” as the ancillary facts, and the “an application for modification of a bill of amendment” as stated in the preliminary application law, which adds “Articles 231 and 234 of the Criminal Act,” respectively, was changed by this court’s permission.

In addition, among the facts charged in the instant case, one sentence should be imposed in relation to concurrent crimes under the former part of Article 37 of the Criminal Act with the ancillary facts charged that the Defendant guilty. As such, the lower judgment was no longer maintained.

However, the argument of mistake about the part of the defendant's crime of extortion is still subject to a trial by the party. Accordingly, this is examined in the following items (the prosecutor did not assert any mistake of facts as to the fraud which the court below found not guilty while filing an appeal against the whole judgment of the court below, and added the ancillary charge as above while maintaining it as the primary charge.