The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Fact misunderstanding 1) The Defendant received 4.3 million won from the injured party (the amount calculated by deducting 5.5 million won from the pre-paid interest and 5.0 million won for the goods to be paid to the injured party) and received 5.0 million won from the injured party.

2) At the time of the instant case, the Defendant had the intent or ability to pay money to the victim, thereby deceiving the victim.

It can not be seen, and the defendant is not allowed to commit the crime of defraudation.

B. The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.

2. Determination

A. The following facts and circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion that the amount issued is KRW 4.3 million, i.e., the Defendant borrowed KRW 5 million from the injured party in its police investigation on September 20, 2017.

However, 4,330,00 won should be deducted, as alleged by the defendant, from 5,000 won to 5,000 won, from 1,70,000 won, after deducting 1,340,000 won for health food purchased from the injured party. However, it seems that the defendant stated that 4,340,00 won is due to mistake.

(2) the Corporation received the

The statement was made (Evidence No. 20,21). The amount actually paid by the victim to the defendant on October 28, 2016 appears to be KRW 4,340,000 (the trial record No. 17th page). The victim presented as evidence a loan certificate (a loan amount of KRW 5,00,000) in compliance with the victim's assertion that the amount loaned to the defendant by the investigative agency is KRW 5,00,000,000, but the actual amount actually delivered was deemed to be KRW 4,340,000,000, and the victim had a claim for the amount of goods paid to

In full view of the fact that there is no objective evidence, the evidence submitted by the prosecutor alone is against the victim who is the defendant in the first instance and the defendant in 4,340,00 won remitted from the injured party on October 28, 2016.