The judgment of the court below is reversed.

Defendant shall be punished by a fine of 1.5 million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. There was no intention to commit fraud at the time of the instant assertion of mistake of facts.

B. The lower court’s sentence on the ground of unreasonable sentencing (2.5 million won of fine) is too unreasonable.

2. Determination

A. The defendant and the defense counsel of the court below alleged the same as the grounds for appeal of this case at the court below, and the court below rejected the above assertion in detail by making a detailed statement on the above argument and its judgment. In comparison with the above judgment of the court below, the judgment of the court below is just and it is not erroneous in the misapprehension of facts as alleged by the defendant and the defense counsel of the party, and there is no error of law that affected the conclusion of the judgment

Therefore, we cannot accept the above argument of the defendant and the defense counsel.

B. On June 20, 2019, the Defendant submitted the appellate brief on June 20, 2019, stating the grounds for appeal that only the mistake of facts against the criminal intent by deception was based on the grounds for appeal.

On June 26, 2019, the Defendant received a written notification of the receipt of the trial records. On July 2, 2020, the first trial date following the filing period for the statement of grounds for appeal, the first trial date following the filing period for the statement of grounds for appeal, the Defendant additionally claimed the unfair sentencing as the grounds for appeal. The newly asserted unfair sentencing after the filing period for the statement of grounds for appeal cannot be

However, even though the crime of this case is an attempted crime of the same kind, the crime of this case is not deemed to be a crime of the same kind, the defendant does not have a criminal record, the crime of this case is committed in the attempted crime of the same kind, the fact that the defendant reached an agreement with the victim at the time of the trial, the defendant's age, career, character and behavior, environment, family relationship, motive, circumstance, means and consequence of the crime, and all of the sentencing conditions of this case, such as the circumstances after the crime, are considered to be too unreasonable.

3. Accordingly, the court below's decision on the above unfair sentencing.