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 Defendant: (a) paid KRW 30 million from E to the victim; (b) paid the above advance payment to KRW 30 million from the victim; and (c) tried to resign from Korea to D operated by the victim.

The amount of benefits to be received from Co., Ltd. exceeds KRW 1 million received from Co., Ltd. E, and if the amount of benefits to be transferred to D is deducted as much as the difference, the victim could fully repay KRW 30 million.

However, F, the representative of E, who is a corporation, did not borrow money from F, and did not receive money from F, but only was unable to pay the money to the victim as a result of the wind to retire in E.

Therefore, at the time of receiving KRW 30 million from the victim, the defendant had no intention to commit the fraud.

B. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. On July 1, 2010, the Defendant: (a) the (ju) clothing company operated by the victim C in Gangnam-gu Seoul on July 1, 2010; (b) the victim presented a proposal to the effect that “it shall be paid KRW 30 million,000,000,000 in advance payment to the victim in order to leave the Republic of Korea; and (c) the victim should pay KRW 30 million in advance payment from July 15, 2010 to the victim’s 400,000 won in monthly salary.”

However, there was no idea of leaving the EE, and there was no fact that there was no 30 million won in that place. Thus, even if the victim borrowed 30 million won from the victim, there was no intention or ability to repay the said money while moving 30 million won to the said state D.

As above, the Defendant deceivings the victim, and thereby deceiving him from the victim.