The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. Summary of the facts charged and the judgment of the court below

A. A. Around June 11, 2010, the summary of the facts charged (1) the fraud Defendant made a false statement to the victim D through C, a leader of the Defendant’s fraternity in the calendar branch of the Korean National Bank in Gangnam-gu Seoul, Gangnam-gu, Seoul, to the effect that “The payment for the six-month payment of the internal credit card is KRW 15 million. The credit card limit is KRW 31 million, and if the bank would substitute for the settlement, it would give money to KRW 15 million.”

However, the above credit card was not in the name of the defendant but in the name of the defendant, and it was impossible to use the above money as a credit card under the name of the defendant, so there was no intention or ability to repay it even if it was borrowed from the victim.

Accordingly, the Defendant, by deceiving the victim as such, appears to be the clerical error in the “one million won bill of indictment” of KRW 1 million in the form of borrowed money.

A cashier's checks issued 15 million won in total.

(2) Around June 14, 2010, the Defendant insultd the victim publicly by providing the victim D with the view that “I Done, H, I , and J, if there is money, I , I , and I , I , I , and I , I , and I , I am in a majority of the above studio tenants of the above studio building, such as C, G, H, I , I , and J, for the reason that the victim urged the payment of the above borrowed money.”

B. For the following reasons, the lower court rendered a judgment that acquitted the facts charged pursuant to the latter part of Article 325 of the Criminal Procedure Act.

(1) The Defendant, who borrowed 15 million won from the victim, planned to pay the card amount, and immediately receive the card loan cash service, and actually borrowed 15 million won from the victim and paid the card amount.