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. The summary of the grounds for appeal (misunderstanding of facts) is that the Defendant did not transfer the game character account to the victim by recognizing that the number of the cultural merchandise coupon that the Defendant received from the injured party had already been used as a finite number.

At the time, the defendant had the intention or ability to send the game character account, so the defendant does not acquire the money of the victim.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous.

2. Determination

A. On June 22, 2016, the summary of the facts charged in the instant case, the Defendant posted a notice on the SNS Services North Korea, stating that “The instant account (hereinafter “instant account”) is sold in KRW 25,000,” and that “The account will be sold in KRW 25,000 to the victim B ( South, and 16 years old) who reported and contacted the above writing, will first inform the account when sending the sales proceeds.

The phrase “the phrase was false.”

However, the defendant sent an account even if he received the sales proceeds.

In spite of the absence of intention or ability to reduce, the fin number (C, D, E, hereinafter “the instant Fin number”) of cultural gift certificates equivalent to KRW 25,00 was issued from the injured party.

Accordingly, the defendant was given money and valuables by deceiving the victim.

B. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the evidence presented in its judgment.

(c)

However, considering the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court below, the evidence submitted by the prosecutor alone that the defendant did not have the intent or ability to transfer the account of this case.

It is insufficient to conclude it, and there is no other evidence to acknowledge it.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous.

On June 22, 2016, the defendant issued the instant Fin number from the injured party on June 2, 2016.