The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles did not have the awareness that the Defendant committed a fraud to E, and there was no intent to acquire unlawful pecuniary profits from E.

In addition, the defendant had intention to repay and pay money to F and K.

However, the court below found all of the facts charged of the fraud of this case guilty. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

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

2. Determination

A. Before the judgment on the grounds for appeal by the Defendant’s ex officio, the evidence submitted by the Prosecutor was examined by the first instance court on June 14, 2016, and the Defendant was sentenced to imprisonment with prison labor for a violation of the Electronic Financial Transactions Act at the Daegu District Court on November 15, 2016, and the judgment became final and conclusive on November 15 of the same year. As above, each of the instant offenses against the violation of the Electronic Financial Transactions Act, etc. for which the judgment became final and conclusive and each of the instant offenses is determined after examining whether to reduce or exempt punishment in consideration of equity and the case where the judgment is concurrently rendered pursuant to Article 37(1) of the Criminal Act. In this regard, the lower court cannot be upheld.

B. Even if the judgment of the court below on the assertion of misunderstanding of facts or misunderstanding of legal principles is based on the above ex officio reversal, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court

1) The intent of defraudation, which is a subjective constituent element of fraud of the relevant legal principles, shall be determined by taking into account objective circumstances such as the defendant's financial history, environment, details of the crime, and the process of transaction before and after the crime unless the defendant is led to the confession. Since the crime of fraud is established by willful negligence, it is also a subjective element of the constituent elements of the crime.