The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a year and a fine of KRW 100,000.

The above fine shall be imposed on the defendant.

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment and a fine of 100,000 won) is too unreasonable.

B. Prosecutor 1) misunderstanding of facts and misunderstanding of legal principles (not guilty of the grounds for the crime of fraud) even if the Defendant paid 10,000,000 won, which is part of the total price of 520,000 won, to the victim, the total value of the goods and property gains provided by the Defendant should be the amount acquired by deception. Nevertheless, the lower court’s judgment that acquitted the victim of the charges on the part of 10,000 won which the victim received in advance is erroneous in misunderstanding of facts and misunderstanding of legal principles. 2) In so doing, the lower court’s punishment against the Defendant of unfair sentencing is

2. Judgment on the prosecutor's misconception of facts and misapprehension of legal principles

A. In a case of fraud, the content of which is the taking-off of property in the relevant legal principles, if there is a delivery of property due to deception, it itself constitutes a violation of the victim's property, thereby constituting a crime of fraud, and the considerable consideration was paid.

shall not cause any damage to the entire property of the victim.

Even if the establishment of fraud does not affect the establishment of fraud, even if some of the consideration has been paid in fraud, the defrauded shall not be the difference between the value of the property given from the victim and the value of the property (see, e.g., Supreme Court Decision 95Do203, Mar. 24, 1995).

Judgment

According to the evidence duly adopted and examined by the court below, the defendant paid 100,000 won in advance from May 20, 2019 to May 20, 2019 to 03:20 of the following day from May 5, 2019 to May 5, 200, and received 520,000 won in advance from May 20 to May 20, 200.

In light of the relevant legal principles as seen earlier, the Defendant paid KRW 100,000 to the victim as above.

Even if the defendant receives property and property benefits.