The judgment below

The guilty part shall be reversed.

Of the facts charged in the instant case, each of the judgment below is acquitted.

1. Summary of grounds for appeal;

A. On August 17, 2013, Defendant (guilty in the judgment of the court below, each of the guilty parts, and each of the voluntary points) 1, misunderstanding of the legal principles and misunderstanding of the law, the number fraternity was already in the process of settlement and settlement since it was not paid to the fraternity members, and thus, the Defendant’s failure to pay the settlement money to the victim is merely an “other person’s business” of breach of trust, not an “other person’s business.” 2) The sentence of the court below (4 million won) against the illegal Defendant in sentencing is too unreasonable.

B. Prosecutor 1) Fact-misunderstanding and misunderstanding of the legal principles (not guilty part, and fraud part in the judgment of the court below), the Defendant did not have any intent or ability to pay an advance payment to the victim by operating the above number system normally even if the Defendant received an advance payment from the injured party, as it was not good at the time of organizing the number system on June 27, 2014.

2) The lower court’s sentence against an unfair defendant in sentencing is too unhued and unreasonable.

2. Judgment on the guilty part of the judgment of the court below (Voluntary point of each kind)

A. Prior to the judgment on the grounds for ex officio appeal, the prosecutor applied for amendments to the indictment to the effect that "8.2 million won" of the indictment No. 2 and No. 5 of the indictment No. 1 of the indictment No. 1 of the case is changed to "7.2 million won" respectively, and "7.7 million won" of the indictment No. 2 of the indictment No. 2 of the case No. 2 of the case No. 1 of the case, "7.2 million won" is changed to "7.2 million won," and this court permitted this, and thus, this part of the judgment below cannot be maintained as it is.

However, the defendant's assertion of misunderstanding the facts and misapprehension of the legal principles is still subject to the judgment of this court in relation to the revised facts charged despite the above reasons for reversal of authority.

B. Determination 1 on the Defendant’s misunderstanding of the facts and misapprehension of the legal principles) The summary of each revised charge is as follows: (a) KRW 10 million from E located in Ulsan-gu, Ulsan-gu on August 17, 2013; and (b) KRW 500,000,000.