The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

On June 21, 2013, the seized Incheon District Prosecutors' Office.

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year, four months of imprisonment and confiscation) is too unreasonable.

B. The judgment of the court below that calculated the amount of fraud against the victim G by the public prosecutor was KRW 3,624,876, but was KRW 3,623,00,000, is erroneous in misconception of facts.

2. Determination

A. In a case where the defendant's grounds for appeal were examined prior to the judgment on the grounds for appeal by the defendant, and the decision of the court below is reversed by accepting the prosecutor's argument of mistake of facts against the defendant, and a new decision is rendered after the oral argument, the decision on the defendant's

B. As to the grounds for appeal by the prosecutor, the lower court determined that the Defendant was innocent on the charge of receiving money exceeding KRW 3,623,00 from the victim G, based on the fact that the Victim G transferred KRW 1,80,00 on June 12, 2013, KRW 3,623,00, KRW 12:00, KRW 12:00, KRW 12:00, and KRW 1,823,000 on around June 12, 2013; however, there is no evidence to prove the fact that the Defendant wired KRW 3,624,876 as in the facts charged; and that the Defendant acquired money exceeding KRW 3,623,00 from the victim G. However, according to the Defendant’s passbook account account (Evidence 234, the evidence record), the fact that G transferred KRW 1,80,000 on June 12, 2013, KRW 1824,8266.

Therefore, among the facts charged in this case, the court below acquitted the Defendant on the charge that the Defendant acquired money exceeding KRW 3,623,00 from the victim G, and erred by misapprehending the facts, thereby making a judgment.

3. If so, the prosecutor's appeal is reasonable, and without examining the defendant's argument of unfair sentencing, the decision of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered again through pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is the same as that of each corresponding column of the judgment below.