Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. Defendant (1) is paid an amount of KRW 25 million per unit in the Defendant’s deposit account over a total of 21 days each month from June 2008 to February 2, 2010, the number fraternity of this case, which is 50 million won (hereinafter “the number fraternity of this case”) with the Defendant’s account. However, during the month of receiving the fraternity money, the amount of KRW 25 million shall not be paid in the following month, and the amount of KRW 35 million shall be paid every month from the following month. Further, from the 1,2, and 3rd unit, the amount of KRW 50 million per month shall be paid only the amount of KRW 50 million per month. From the 4th unit, the amount of KRW 50 million shall be added to the above amount of KRW 50 million, and the amount of KRW 100 million shall be paid more than the amount of KRW 1,500 per month by the Defendant.

Even if the defendant deceptions the court, the court.

In light of the circumstances such as the fact that, even if a member of the above number system is E, there is no asset under the E’s name, real estate exists in the name of F, the account holder for receiving the fraternity was F, there was a practice of clarifying the fraternity at the time of receiving the fraternity in the event that it is unclear whether a member of the fraternity is a family member, and the attorney-at-law examining the relevant data specified the fraternity as F, etc., it is difficult to view the Defendant as having a criminal intent to obtain the fraternity through the above lawsuit.

(2) The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment, and three years of suspended execution) is too unreasonable.

B. The Prosecutor’s sentence is too uneasible and unreasonable.

2. Determination

A. (1) As to the assertion of mistake of facts, fraud is a crime of fraud, with the aim of deceiving the court to acquire the property of a third party.