The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. In fact, on November 23, 2014, the number fraternity consisting of 26 members of the limit of 10 million won (hereinafter “instant fraternity”) organized by the Defendant and the victim E, etc. at a D cafeteria located in the Jeonsan-gu Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”) was transferred with the consent of all members of the fraternity on January 23, 2016, and thereafter, a meeting was held for the settlement between the person who received the payment of the fraternity and the person who did not do so. Accordingly, the Defendant did not have the duty to pay the amount to the victim.

Nevertheless, the defendant had such duties.

In light of the fact that the court below pronounced guilty, it erred by mistake.

B. The sentence of the lower court (an amount of KRW 3,00,000) that is unfair in sentencing is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged is the subject of the instant fraternity. On January 23, 2016, the Defendant received KRW 11,300,000 from the members of the said fraternity, and thus, on the same day, the Defendant arbitrarily consumed the said fraternity by failing to pay it to the victim, despite the fact that the Defendant had the duty to pay KRW 11,30,000,000 to the victim, which is the cause of the said 15th day designated as the recipient of the fraternity, on the same day.

Accordingly, the defendant acquired property benefits equivalent to KRW 11,300,000,000, and suffered damages equivalent to the same amount as the victim.

B. 1) The lower court determined as follows: (a) in the investigative agency and the lower court’s judgment, the victim took part in one unit of the two accounts of the instant fraternity and another serial system (hereinafter “25 days”) operated by the Defendant, and was paid KRW 1,20,000 from 25 days to 25 days; (b) the Defendant unilaterally transferred only KRW 1.1 million to his account when he unilaterally set off the accounts and the remaining accounts on January 23, 2016; and (c) the victim continued to operate the instant system thereafter.