The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Defendant 1) In the course of making a monetary transaction with the victim D, the Defendant was paying and paying the sum of the successful bidder or the number of days, interest on the loan, etc., in good faith, as well as paying the advance payment for a considerable period of time in each successful bidder and the number of the successful bidders stated in the facts constituting the crime indicated in the judgment below. As such, the Defendant did not have the intent to obtain the advance payment from the victim, and even if there was a criminal intent to obtain the advance payment, the Defendant should deduct the advance payment paid by the Defendant in calculating the amount of the Defendant’s deceptiveation. 2) The punishment sentenced by the court below against the Defendant of unfair sentencing (six months of imprisonment) is too

B. The above sentence imposed by the prosecutor by the court below on the defendant is too unfortunate and unfair.

2. Determination

A. First of all, as to the defendant's assertion of mistake of facts, the following circumstances revealed by the evidence duly adopted and examined by the court below and the court below as to whether there was the defendant's intent to acquire the money, i.e., the defendant: (i) was temporarily set aside for two months after the defendant joined the two successful bid fields organized and operated by the victim D and received the fraternity in 2009; (ii) there was a settlement by the method of deducting the defendant's unpaid fraternity from the fraternity to be received by the defendant's father; and (iii) the defendant joined the each successful bid and the number system as stated in the facts constituting the crime organized and operated by the victim from January 201 to the next two months; and (iv) the defendant did not receive the payment of the fraternity at least as above; or (v) he did not receive the payment of the fraternity at all times by borrowing it through the victim, or by settling it from the limit to be received; and (iii) did not receive the last payment of the fraternity at all.