The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. Summary of grounds for appeal;

A. In the case of money stated in paragraph (2) of the facts constituting a crime of misunderstanding the facts in the judgment of the court below, the above victim is a free donation to the defendant, not by deceiving the victim E by borrowing it.

Nevertheless, the court below erred by misunderstanding the facts charged and adversely affecting the conclusion of the judgment.

B. In light of the various sentencing conditions in the instant case, the lower court’s imprisonment (one year of imprisonment) against the Defendant is too unreasonable.

2. Determination

A. First of the judgment ex officio, the prosecutor applied for the amendment of the indictment to correct the date and time of the crime as stated below with regard to the fraud of the victim B among the facts charged in the instant case at the time of the judgment of the court below, and the subject of the judgment was changed by this court, and the judgment of the court below was no longer maintained.

However, there are such reasons for ex officio reversal.

Even if the defendant's assertion of mistake is still subject to the judgment of this court, it is examined.

B. On July 29, 2007, the Defendant stated that “Around July 29, 2007, the Defendant would complete payment without a mold, if he/she borrowed KRW 3 million, since he/she was to make a request for employment.”

However, the facts did not have the intention or ability to complete the payment even if they borrowed money from the victim.

The Defendant, as such, by deceiving the above victim, received KRW 3 million from the victim, KRW 5 million for the first time on September 2007, and KRW 9 million for the first time on September 2007, and KRW 1 million for the first time on September 2007.

Shebly, the judgment of the court below and the trial court can be recognized by the evidence duly adopted and examined.