The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The fact that the defendant, on December 15, 2009, received 3,300,000 won from the victim for the purchase of the brain ginseng. The court below found the defendant guilty of the above 3,300,000 won, regardless of the fact that the defendant did not receive the above 3,00,000 won in cash, including the profit in relation to the above 3,30,000 won, since he did not receive the above 3,30,000 won from the victim, and attempted to purchase the brain ginseng with the above 3,00,000 won for the purchase of the brain ginseng, and sell the profits by selling it, but did not regard the profits as the price decline at the time. Thus, the court below erred by misapprehending the fact that it did not affect the conclusion of the judgment

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (1.5 million won of a fine) is too unreasonable.

2. Determination of mistake of facts

A. The facts charged and the judgment below found the Defendant guilty of all the charges by taking account of the evidence in the judgment below, on December 15, 2009, by receiving 4 million won from the victim for the purchase of cerebral ginseng from the victim at a coffee shop in which the name on December 15, 2009 is unknown, although the Defendant did not have the intent or ability to divide profits by purchasing and selling cerebral ginseng even after receiving money from the victim C.

B. (1) The defendant and his defense counsel asserted that the amount paid by the victim to the defendant was 4 million won or more, and that the defendant received 3.3 million won or more from the victim as the purchase price for brain ginseng, and that the victim paid 4 million won or more.

On December 15, 2009, the victim argued that he provided 6 million won to the defendant for the purchase of cerebral ginseng at the complaint site and at the police. On February 7, 2012, the victim stated that on December 7, 2012, 4 million won was given to the defendant during the process of questioning into the police.