The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

1. Summary of grounds for appeal;

A. The prosecutor (i.e., the Defendants were aware of the facts by all evidence that the Defendants had received 10,00 U.S. dollars from the victim by deceiving the victim on December 16, 2015, and Defendant B received 10,00 U.S. dollars on January 5, 2016. However, the lower court, which did not recognize the delivery of the amount stated in the facts charged, erred by mistake of facts.

The sentence of the court below against Defendant A, which was improper in sentencing, is too unfluent.

B. Defendant A’s punishment (an amount of KRW 10 million) of the lower court is too unreasonable.

2. Determination as to the prosecutor's assertion of mistake of facts

A. The summary of the facts charged is that Defendant A is the head of H H H H KW branch, and Defendant B is an employee of the above company, who was aware of about 7-8 years in Uzbekistan from the victim G to the victim G.

(1) On December 16, 2015, the Defendants were requested to assist in remitting USD 100,000,00,000,000,000 to Korea from the damaged party at the Kentent-based Kent-based Kent-based Kent-based Kent-based Kent-based Kent-based Lent-based Kent-based Kent-based Kent-based Kentent-based Kent-based Kentky-based branch office, and Defendant B introduced Defendant A as the real chairperson of K Kent-si, and then introduced Defendant A as the actual chairperson of KY-based Kent-si, and then, “A would transfer the annual sales to the victim’s account within 2-3 days.” Defendant A received 500,000,000,000,000 won from the victim’s 50,000,000,000,000 won, which was 10,500,000,00.

However, in fact, even if the Defendants received US$100,00 from the injured party, they did not intend to transfer the amount to the Korean account of the injured party within 2-3 days, and only caused the injured party to believe.