The judgment of the court below is reversed.

The sentence against the accused shall be 7,000,000 won.

The above fine shall be imposed on the defendant.

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles (the acquittal portion of the original judgment: the fraud point around May 11, 201) by deceiving the defendant, even though the defendant did not have the intention or ability to repay, thereby allowing the victim to disburse 2.5 million won of attorney’s fees, thereby obtaining the pecuniary benefit corresponding thereto, which constitutes a crime of fraud against the defendant.

Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, and acquitted this part of the charges.

B. The sentence imposed by the court below on the defendant (the fine of 5,000,000 won) is too uneasible and unfair.

2. Determination

A. Prior to the judgment of the court below on the grounds for appeal by the prosecutor ex officio as to the acquittal portion of the judgment of the court below, the public prosecutor, and the part of the judgment of the court below as to the facts charged of this case, which stated that "the defendant would pay 2.5 million won to the victim E at the defendant's office located in Songpa-gu Seoul, Seoul around May 11, 201." However, in fact, the defendant had a personal liability amounting to 4 billion won and had a monthly interest amounting to 30 million won, and there was no intention or ability to pay the amount even if he received the amount from the victim. Thus, the defendant, as such, the defendant, by deceiving the victim and deceiving him, transferred 20 million won to the victim under the name of the head of the court below, and the defendant could not obtain the above attorney's benefit by changing the part of the judgment of the court below to 50 million won, thereby making it possible for the court to grant the defendant an amendment to the indictment to 250 million won."

However, the above reasons for the ex officio reversal are as follows.