The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

Seized evidence shall be confiscated as provided for in subparagraphs 3 through 9.

1. The summary of the grounds for appeal is too unreasonable because the sentence imposed by the court below (a year and six months of imprisonment, confiscation) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

A. Of the facts charged in the instant case, the summary of the part against the victim S (Attachment No. 14 No. 5 of the List of Crimes) “The Defendant, in collusion with China’s general responsibility and assistance staff, will give the victim S who had access to “G” only under the conditions that the name of the non-member of the organization will remain.

On March 30, 2017, 400,000 won was remitted from the injured party to the new bank account (J; hereinafter “instant account”) under the name of deposit, refund, etc.

Accordingly, the defendant, in collusion with the general Chinese books and assistants, acquired 400,000 won from the victim.

The prosecutor stated the name of the crime in this part of the facts charged as "the fraud," and stated the applicable legal provision as "Article 347 (1) and Article 30 of the Criminal Act," and prosecuted.

B. According to the evidence duly admitted and examined by the lower court, the Defendant, who is a Chinese national ship, entered the Republic of Korea for employment on February 16, 2017, and the Defendant, upon the solicitation of the East F, who was taking the duty of withdrawal from the organization of Bosing criminal, performed the duty of withdrawal from the organization from around March 2017, and the Defendant was from March 26, 2017 to the same year.

4.2. By up to December, 116, the fact that a sum of KRW 49,345,400 was withdrawn over 116 times by using a eck card linked to the instant account (Evidence No. 120 pages), and the victim S deposited KRW 400,000 into the instant account on March 30, 2017.

Meanwhile, according to the records, on March 25, 2017, the victim S did video hosting with the content that shows the appearance of the victim's name unexplosion and the Kakao Stockholm as the Kakao Stockholm, and on March 29, 2017, the victim's name unexplosion was recorded on the victim's cell phone address record stored in the victim's cell phone and the victim's self-defluence.