The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. Although the summary of the grounds for appeal recognizes the fact that the Defendant acquired money by deception to the victim by means of false words such as “F Co., Ltd. (hereinafter “F”) shall pay KRW 50,000,000 and KRW 5% thereof to the victim until July 1, 2011,” the lower court found the Defendant not guilty of the facts charged of this case, which affected the conclusion of the judgment.

2. The following circumstances acknowledged by the evidence of the judgment, i.e., ① the victim provided the Defendant’s speech that “F would pay 50,000,000 won and 5% maws to the Defendant by July 1, 2011.” ② However, the F’s representative director argued that “F would pay the price after selling the supplied cosmetics.” On the other hand, there is no document stating the F’s intent to pay the above amount by July 1, 201 (the investigation record five initial orders were prepared by the Defendant, and the electronic tax invoices of 78 pages were issued by the victim), ③ the contents of the cosmetic distribution business discussed between the Defendant and E (the investors will be sold by purchasing the 50,000 won and distributed profits by selling the 100,000 won to the Defendant’s 200,000 won, and the 100,000 won, 200,000 won, and 10,000 won were delivered to the Defendant’s 2.