The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The gist of the grounds for appeal is that the defendant had no means of trying to implement the promise of attorney appointment, and that the defendant had the intention or ability to appoint an attorney from the beginning in light of the fact that he voluntarily used the money received from the victim E for personal purpose.

It is difficult to see that the defendant deceivings the victim and 2.8 million won can be recognized.

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous and adversely affected by the judgment.

2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, the prosecutor maintains the facts charged of fraud which the court below acquitted in the trial of the party, as the primary facts charged, and applies Article 355 (1) of the Criminal Act; Article 355 (1) of the Criminal Act; Article 355 of the applicable Act provides that "Embezzlement" shall be applied to the name of the offense; and each of the ancillary facts charged as stated below shall be permitted by the court; and as long as this court decides on the acquittal of the primary facts charged, the ancillary facts added in the trial of the party are also subject to the judgment of the court of this Court, so the judgment below which only the previous primary facts charged cannot be maintained.

[Preliminary facts charged] On August 4, 2011, the Defendant issued two copies of the check to the victim E, who was detained by the Plaintiff for a fine or suspension of execution, as the case may be, around August 19, 201, on the part of the Plaintiff’s attorney’s appointment, at D’s house located in Busan Annual Organization C, and the victim E issued two copies of the check to the victim’s own right of KRW 1 million, as the case may be, around August 26, 2011, and kept in custody upon delivery of KRW 800,000 in cash around August 26, 201.

The defendant has kept a total of 2.8 million won for the victim under the name of attorney-at-law. From around that time to October 201, the defendant's living cost is between that time.