The judgment of the court below is reversed.

The defendant shall be innocent.

1. The summary of the grounds for appeal (misunderstanding of facts) was as follows: (a) the Defendant was able and willing to proceed with the instant travel at the time of receiving the instant golf travel expenses incurred by the Defendant solely using the golf course remaining in China from May 1, 2014 to June of the same month (hereinafter “instant travel”); (b) however, the Defendant was suspended due to the Defendant’s failure to pay part of the travel expenses to be paid to the Defendant by the operator of P, who participated in the said travel, to pay the Defendant on the part of the travel expenses to be paid.

Therefore, there is a criminal intent to obtain fraud from the accused.

Although it cannot be said, the judgment of the court of first instance that found the Defendant guilty of the facts charged of this case is erroneous by mistake of facts.

2. Determination:

A. On October 30, 2014, the summary of the facts charged was sentenced to a suspended sentence of two years of imprisonment with prison labor for the purpose of fraud at the Suwon Giwon, and the judgment became final and conclusive on November 7, 2014.

When the Defendant operates a mutual travel company of D Co., Ltd. on the 6th floor of Seoul Gangnam-gu Seoul Building, the Defendant entered into a golf travel product contract with 16,130,875 won for local travel agents in China and 53 visitors to visit in sequence from May 1, 2014 to May 6, 2014, and recruited tour visitors to China.

On March 3, 2014, the Defendant stated that “The Defendant would allow the victim G to enjoy golf from the south F golf course of China from May 3, 2014 to May 6, 2014, when paying the travel expenses equivalent to KRW 960,00 per one person, because there is golf travel goods visiting the south F golf course of China.”

However, at the time of the operation of D Co., Ltd., if the defendant receives money from the injured party for travel expenses in the amount of 150,000,000 won or more as a person who continues to operate D Co., Ltd., such money shall be appropriated for the interest expenses of the defendant.