The judgment of the court below is reversed.

The punishment of the accused shall be set forth in six months.

(2) the date of this judgment.

1. Summary of grounds for appeal;

A. The lower court did not have the intent or ability to obtain money from the Defendant at the time of commencing the formation of a number system including the victim on August 25, 2012.

However, in the middle, it is impossible to pay the guidance money to the victim who has joined the last order on the wind that the other members did not pay the guidance money properly.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby finding the Defendant guilty of the facts charged in this case that the Defendant organized a system with the intention of deceiving the victim, and acquired money through deception.

B. The sentence that the court below sentenced to the defendant is too unreasonable.

2. Determination:

A. Comprehensively taking account of the evidence duly admitted after examining the allegations of misunderstanding the facts or misapprehension of the legal doctrine, the following facts can be recognized.

In August 25, 2012, at the time when the defendant tolds that the victim will start a new system, the defendant did not pay 16 million won to the victim.

The Defendant organized the number system of KRW 21,500,000,000 for old accounts, monthly paid-in KRW 500,000,000 for KRW 10,000,00 from August 25, 2012, ending on April 25, 2014.

At the same time, the victim had the victim join the 20th unit and 21 unit, which is the last order.

However, the victim received only the remainder after deducting 280,000 won interest from the limit of 16,000 won which the defendant had not already paid from the limit of 1,00,000 won for each month that the victim should pay.

After that, the defendant paid 5 million won out of 16 million won.

Even though the victim paid all the fraternity payments by April 25, 2014, which is the day when the agreed fraternity expires, the defendant did not pay the fraternity to the victim.

The Defendant was reversed on December 2, 2013 due to the Plaintiff’s failure to pay the fraternity fees, and the Defendant did not notify the victim of this.