The judgment of the court below is reversed.

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

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Summary of Reasons for appeal

A. misunderstanding of facts and misapprehension of legal principles, the Defendant received KRW 30 million from the injured party on September 20, 2016, which he/she received from the injured party on or around September 20, 2016, instead of deceiving the injured party and receiving consolation money from the injured party in the course of resolving a de facto marital relationship

However, the court below erred by misunderstanding the facts and misunderstanding the legal principles that found the Defendant guilty of this part of the facts charged.

B. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

2. Determination

A. 1) The lower court’s determination on the assertion of misunderstanding of facts and misapprehension of legal doctrine is difficult to find out circumstances to suspect credibility in light of the fact that the statements in the victim’s investigative agency, which are evidence directly corresponding to the facts of the instant crime, and the statements in the court of the lower court, are relatively consistent, specific, and support by the telephone and text between the Defendant and the victim. In addition, the Defendant’s assertion that the funds in the judgment of the lower court are money paid in the course of resolving a de facto marital relationship between the Defendant and the victim beyond a general teaching relationship, and in addition, there is a question as to whether the Defendant was in a de facto

On the ground that it is difficult to readily conclude this case’s charges are guilty.

2) Examining the above judgment of the court below in comparison with the evidence adopted and examined by the court below and the party, the judgment of the court below is just, and there is an error of law by misunderstanding of facts and misunderstanding of legal principles.

Therefore, this part of the defendant's assertion is without merit.

B. Each of the crimes of this case with regard to the determination of the illegality of sentencing is that the accused deceivings the victim who had a chain of relationship, and defrauds the victim a total of KRW 33 million on two occasions, and the crime is not less minor, and the accused is the same kind of crime.