The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. In light of the statement of a consistent victim as to the facts charged in the instant case, and the fact that there is no need to receive money from the victim on the ground that the Defendant would pay fees if the Defendant agreed to receive KRW 15 million from the victim, etc., the lower court acquitted the Defendant of this part of the facts charged, despite the fact that the Defendant, around January 19, 2012, demanded the victim to provide the referral fees, and thereby, found the Defendant guilty of this part of the facts charged that acquired KRW 20 million from the victim.

The sentence of the lower court (a fine of three million won) is too unhued and unreasonable.

B. On January 16, 2012, the Defendant (in fact-finding and unreasonable sentencing) concluded a sales contract for the charging station owned by H on the Defendant’s brokerage, and on January 17, 2012, the Defendant paid KRW 30 million between the Defendant and the Defendant, and agreed to pay KRW 20 million among them in advance, and to pay the remainder of KRW 10 million thereafter.

The Defendant received KRW 20 million and KRW 3 million from the victim on the date stated in the facts charged in the instant case, but it cannot be recognized that the Defendant received brokerage fees under the instant agreement and obtained it by deception by deceiving the victim.

The punishment of the lower court (a fine of three million won) is too unreasonable.

2. Judgment on the misunderstanding of facts by prosecutors and defendants

A. On January 19, 2012, judgment on the defraudation of KRW 20 million is 1) The summary of this part of the facts charged is as follows: D Co., Ltd. (hereinafter “D”) with the fourth floor of Mapo-gu Seoul Metropolitan Government building.

A) The Defendant is a person who runs a loan brokerage business at the office. Around September 201, 201, the Defendant is a company H (hereinafter “H”) located in G in Chungcheongnam-gu, Chungcheongnam-nam.

In order to pay the balance of purchase, it was asked about whether to receive a loan as security or not.

The Defendant’s balance on January 16, 2012.