The judgment of the court below is reversed.

The prosecution of this case is dismissed.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. We examine ex officio the grounds for appeal prior to the judgment ex officio.

Around April 18, 2014, the summary of the facts charged in the instant case, the Defendant called the victim B, one of his relatives, who was his relative in Busan, on April 2014, by phoneing the phone to the victim B, which was his relative in Busan, (hereinafter referred to as the “C University President”). The Defendant, upon request from D professors through a form, can be employed as the faculty member of C University. As a gift certificate is delivered, the Defendant prepared for five million won as a gift certificate.”

However, the Defendant did not pay about KRW 19 million, such as tuition fees, taxes, health insurance premiums, etc. of a private teaching institute that he/she operated, and did not think that he/she would receive money from the victim to pay the above debt, etc., and there is no fact in relation to the husband E and the victim’s employment. Therefore, even if he/she received money from the victim under the pretext of employment solicitation from the victim, he/she did not have the intent or ability to employ the victim

Ultimately, around April 18, 2014, the Defendant, by deceiving the victim as above, obtained the victim’s gift certificates of KRW 5 million from the victim before the victim’s house located in Seo-gu Busan, Seo-gu, Busan, and acquired them by fraud.

2014. 7. 24.경 범행 피고인은 2014. 6.경 부산 이하 불상지에서 피해자에게 “D 교수 빽으로는 취업이 안 되는 모양이다. G학원 이사장이 모든 전권을 가지고 있는데 D 교수가 직접 이사장을 만날 수 없으니 H대학교 I 총장을 중간에 끼워서 이사장에게 돈을 전달해서 G대학교 교무처 정직원으로 취업을 하는 것으로 해보자. I 총장에게 인사하기 위해 5,000만 원이 필요하다”라고 말하였다.

However, the defendant did not pay approximately KRW 50 million for unpaid debts, personal credit card payments, and building management expenses.