The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty of fraud against the defendant although the defendant did not deception the victim C with respect to material facts in the transaction, is erroneous in the misunderstanding of facts or in the misapprehension of legal principles.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 6 million) is too unreasonable.

2. Determination

A. The summary of the facts charged in the instant case is that “D is a technology created in a foreign country, and it has a personal skill in Korea for the first time and has a exclusive sales right to the victims of the instant case, from July 2, 2015, via telephone to the victim C.

A patent is one of the ever patented technologies in the Republic of Korea, and E (Defendant's brand) is also patented.

KBS also shows it to F with the knowledge of it.

In advance, the tuition fees for a year shall be sent with additional video images of all lectures and of the high-class courses.

Note .

Since KBS writers are members of the D Steering Committee, and they have patents and exclusive sales rights, they will be suitable for these projects.

When paying KRW 10 million, the Seoul District Court made a false statement that it would conclude the total sales contract with the Seoul District Office.

However, the defendant's open technology can easily access the video on the Internet site, such as the Youb, with G's open technology, and the defendant did not have obtained a patent for this, and there was no exclusive sales right for the open tool, and the KBS author was not a member of the Steering Committee, and the defendant was only registered the E trademark.

As such, the Defendant, by deceiving the victim, was transferred KRW 11,774,00,00 in total as the annual tuition fees, etc. from the victim on July 3, 2015, July 4, 2015, and KRW 11,774,00 in total as the contract price for the total right to purchase the Seoul Branch, on August 13, 2015, to the Agricultural Cooperative Account under H.

B. The prosecutor bears the burden of proving the facts charged in the judgment in the criminal trial.