The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. 1) The facts charged pursuant to Paragraph (1) of the facts charged (the fraud part of July 26, 2012) (the fraud part) that the Defendant borrowed money from the victim, but there was no false statement that the Defendant would give an agent or would give a full-time sales license to the victim. 2) Article 2 (2) of the facts charged (the fraud part of December 1, 2012) (the fraud part of December 1, 2012) did not mean that the Defendant borrowed money from the victim, and there was no fact that the Defendant promised to give a full-time sales license, and the Defendant paid the expenses by itself to the victim in order that the victim

3) Paragraph (3) of the facts charged (the fraud part of January 14, 2013) (the Defendant received KRW 500,000 from the victim upon the victim’s request for pipeline construction, and did not borrow KRW 500,000 from the victim. B. The Defendant’s punishment of the lower court (a fine of KRW 5 million) is too unreasonable.

2. Determination

A. 1) Determination on the argument of mistake of facts as to the charge No. 1 (the fraud part of July 26, 2012) stated in the facts charged as follows: ① The victim reported the Internet advertisements posted by the Defendant from the investigative agency to the court below, and consistently stated that “the Defendant developed the boiler emitted by 430ccals per lkw, and the Defendant showed the brochures for introduction; and the Defendant lent KRW 4 million to the above boiler to lend KRW 4 million for the production of the tever test products (or local agency board) to the Defendant.” ② The Defendant also stated in the investigative agency that “the victim would be the victim’s right of sale or agency by taking advantage of KRW 4 million (Evidence 41, 455, 57, referring to the evidence record, and 3.57, referring to the boiler’s tever’s performance.”