The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. According to the evidence submitted by the prosecutor, the defendant was found guilty of the facts charged in this case, and the court below erred by misapprehending the facts and affecting the conclusion of the judgment.

2. Determination

A. On February 2, 2010, the Defendant made a false statement on the facts charged to the victim E at the D coffee shop located in Busan-gu, Busan-gu, stating that “If the Plaintiff pays the drinking value from Fju on January 9, 2010 to 3.2 million won in cash, the Defendant would have cancelled the previous card 3.9 million won.”

However, the fact is that 3.9 million won has already been paid by the credit card company, so even if 3.2 million won has been paid by the victim, there was no intention or ability to cancel the payment.

Nevertheless, the Defendant received 3.2 million won in cash from the victim's occupation.

Accordingly, the defendant deceivings the victim and acquired property.

B. In full view of the following circumstances that can be recognized by the record, i.e., (i) the victim visited several times the main points of the Defendant’s work for the victim from around 3 to 4 years prior to the time when the instant drinking value was at issue; (ii) the Defendant continuously demanded the settlement of credit amount to the victim from August 2010; and (iii) the victim provided an answer to the effect that he/she still did not recover the credit amount from the Defendant; and (iv) the victim provided a statement to the effect that he/she partially recognizes the credit amount to be paid to the Defendant at the court of the lower court, as there is a dispute over the scope of the credit amount to be deducted between the victim and the victim, and thus, the Defendant did not immediately return cash 3,200,000 won.