The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than five months.

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

1. Summary of grounds for appeal;

A. It was true that the Defendant was paid KRW 16 million from the victim E, but this was received without any condition at the victim’s request that the Defendant designated the Defendant as a subcontractor for D’s operation “D” (hereinafter “instant organization”).

Therefore, although the defendant could not be deemed to have received KRW 16 million from the injured party by deceiving the injured party, the court below erred by misapprehending the facts charged in this case and thereby affecting the conclusion of the judgment.

B. The sentence of the lower court’s unfair sentencing (five months of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined in the lower court’s determination on the assertion of mistake of facts: (i) the Defendant was found to the Defendant’s office on August 13, 2015; (ii) the Defendant shown several photographs and materials to the victim; (iii) was in conflict with his personal history; and (iv) was able to assist the victim to carry out mail order on the world through the instant organization; and (v) the Defendant did not have any kind of relationship with the above personal history; and (v) the instant organization did not properly operate the server; and (v) did not have any ability to assist the victim to carry out mail order, regardless of whether the server was restored. In light of the above, it is sufficiently recognized that the Defendant acquired 16 million won from the victim, and thus, the Defendant’s assertion of mistake of facts is without merit.

B. The fact that the victim’s damage to the determination of unfair sentencing has not been recovered is an unfavorable condition to the Defendant.

However, on August 24, 1976, the defendant was sentenced to a fine of 50,00 won by the Gwangju District Court on August 24, 1976, and there is no record of criminal punishment, and the defendant remains for two months in his age.