The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for one year.

(2) the date of this judgment.

1. Summary of grounds for appeal;

A. The lower court found Defendant (1) guilty of the fraud of the victim D on January 30, 2014 among the facts charged in the instant case, even though there was no act of disposal that the victim D exempted the Defendant from the obligation equivalent to KRW 200 million due to the Defendant’s statement as stated in paragraph (1) of the facts constituting the crime in the lower judgment. In so determining, the lower court erred by misapprehending the legal doctrine and misapprehending the legal doctrine.

(B) The judgment of the court below which found the Defendant guilty of the Defendant’s fraud against the victim F in the instant facts charged, even though the Defendant was unaware of the intent or ability to pay a fraternity from the initial victim without paying KRW 20,500,000 per month from May 2014 to May 25, 2014, and it was inevitable for the Defendant to maintain the above number system, and it was inevitable for the Defendant to pay a fraternity to the victim F. It was not the Defendant to have the victim join the above number system by deceiving the victim without the intention or ability to pay the fraternity to receive the fraternity from the initial victim, and not to receive the said fraternity payment, was erroneous in the misapprehension of facts and legal principles.

(2) The sentence sentenced by the lower court to the Defendant (one year of imprisonment) is too unreasonable.

B. A prosecutor (1) aware that the Defendant was not able to properly pay the fraternity due to the aggravation of the financial situation due to excessive debts at the time of organizing the number fraternity around October 2012, the Defendant, while deceiving the victim D to join the above number fraternity and deceiving the victim D to acquire the fraternity money, among the facts charged in the instant case, acquitted the Defendant of the fraud of the fraternity payment from November 30 to June 30, 2014 as to the victim D among the facts charged in the instant case.

(2) The sentence imposed by the lower court against the Defendant is too unfortunate and unreasonable.

2. Determination

A. Determination on the Defendant’s misunderstanding of the facts and misapprehension of the legal doctrine (1) is made.