The judgment of the court below is reversed.

Defendant shall be punished by a fine of seven million won.

The defendant does not pay the above fine.

1. Summary of the grounds for appeal: The defendant did not know of facts and misapprehension of legal principles that he/she opened and operated a "F point", and even if such fact is recognized, the defendant deceivings the victim.

It shall not be deemed that there was a criminal intent to obtain fraud or to obtain fraud from the defendant, and it shall not be deemed that the defendant received 35 million won from the victim is the fraud money.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case and erred by misapprehending the legal principles on fraud, thereby adversely affecting the conclusion of the judgment.

2. Ex officio determination of ex officio, and even if money is acquired by deception through several times for the same victim in fraud, if the criminal intent is a single and the method of crime is the same, only a single comprehensive crime of fraud shall be established;

(1) The crime of fraud in this case is committed on October 14, 2010, and Supreme Court Decision 2003Do8251 Decided April 28, 2004, etc.). Although the Defendant, on February 17, 2016, performed the F key point in violation of the Financial Services Agreement (hereinafter “instant contract”) as stipulated under the Financial Services Commission Agreement, he/she had the intent to conceal the balance of the transfer price under the instant contract 35 million won from the victim with the intent to faithfully perform the instant contract, and he/she shall be deemed to have acquired or received property from the victim in the same manner as the victim’s property gains through a single pecuniary gain through the same means as the victim’s statement in the attached list of crimes between May 2, 2016 and July 1, 2016.

Therefore, the instant fraud crime is an inclusive crime.