The judgment below

The part of imprisonment with labor shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Defendant 1) The misunderstanding of facts and misunderstanding of legal principles did not have the criminal intent and deception of the Defendant, and the victim did not have the intent to obtain a return of the Defendant’s credit status while recognizing the Defendant’s credit.

The judgment below

[Attachment 1] List 40,41, and 42 [Attachment 1] The total amount of KRW 4.6 million (the details of re-transfer during the 42 period is not only KRW 4 million but also KRW 2.150,000) is the amount paid as a salary.

Nevertheless, the court below found the defendant guilty of fraud among the facts charged against the defendant and erred by misunderstanding the facts and misunderstanding the legal principles.

2) The sentence of the lower court’s unfair sentencing (ten months of imprisonment and two years of suspended execution, fine of three million won, community service work 240 hours) is too unreasonable.

B. According to the evidence submitted by the prosecution by misunderstanding the facts and misunderstanding of the legal principles, it can be acknowledged that the defendant committed assault and intimidation to have the victim prepare a false loan certificate and attempted to deliver money to the victim.

Nevertheless, the court below rendered not guilty of the charge of coercion and attempted coercion among the charges against the defendant, and erred by misapprehending the facts and legal principles.

2) The sentence of the lower court’s improper sentencing is too uncomfortable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court and the appellate court on December 14, 2015, the part concerning the fraud of KRW 4 million (attached Table 1 of the lower judgment, 42), which was transferred to the Defendant’s Suhyup account on December 14, 2015 by the Defendant’s name, was lawfully adopted and investigated, the amount transferred to the Defendant’s Suhyup account on December 14, 2015 is not more than KRW 4 million but not more than KRW 2.15 million, and the victim was investigated by the prosecution, and the said amount was stated as the amount paid to the Defendant as a salary, and there is no other evidence to acknowledge this part of the facts charged among the evidence submitted by the Prosecutor.

Therefore, this part.