The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant was actually able and willing to purchase airline tickets for the victims at the time when he received money from the victims as the purchase price for airline tickets.

Since then, the defendant delivered the purchase price for airline tickets to the travel company located in the United States in order to purchase the airline tickets of the victims, but only the above travel company failed to purchase the airline tickets of the victims because it was locked to contact with the above travel company.

B. Sentencing 1 Sentencing 200,000,000 won, which is too unreasonable.

2. Determination:

A. In full view of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the first instance court on the assertion of mistake of facts, the Defendant fully aware of the possibility that it would be impossible for the victims to purchase the airline tickets, and to accept such risk, and fully recognize the fact that the Defendant deceivings the victims by receiving money from the victims in the name of the purchase price of the airline tickets, such as the statement in the first instance judgment, by receiving the money from the victims.

Therefore, the defendant's assertion of facts is without merit.

(1) At the time of the first interrogation of the suspect, the Defendant: “Around November 2013, the Victim D’s airline ticket was issued via H (hereinafter “instant travel agent”) located in the U.S.; however, the Victim D demanded refund, but the refund procedure was required for 40 days; thus, the Defendant decided to settle the amount of refund in the U.S.; thereafter, the Defendant paid the Victim E and F’s airline ticket payment to the instant travel agent; and thereafter, the Defendant made a promise to pay the amount of refund in Korea due to the lack of aviation tickets to be the starting date.

In addition, the Defendant, on October 14, 2013, issued USD 1,300 (Korean 1,41,467 won) to the travel company in the instant case in order to purchase the airline tickets of “A” at the time when the second police interrogation protocol was prepared.