The judgment of the court below is reversed.

The defendant shall be innocent.

1. The summary of the grounds for appeal is as follows: (a) the defendant, who opened a new mobile phone via the defendant with C, did a dispute over whether the defendant agreed to pay the installment amount of the previous mobile phone instead of the defendant; (b) the defendant agreed to pay 200,000 won out of the above installment amount to C; (c) the defendant agreed to collect and process the installment amount of the above installment amount; (d) C consented to the defect; and (e) requested C to notify the resident registration number and the account number; and (e) transferred the above amount to C by transferring the money from the above resident registration number and the account number to the account of C; and therefore, (e) the defendant did not intend to acquire money equivalent to the installment amount of the above installment amount from C; and (e) there was an error in the misapprehension of the facts charged by misapprehending the facts.

2. Determination

A. According to the evidence duly examined and adopted by the court of the court below, the following facts are acknowledged.

(1) When there is a dispute as to whether the Defendant agreed to pay the installment cost of the previous mobile phone, the Defendant filed a criminal complaint against the Defendant as a crime of fraud, and the Defendant was sentenced to a fine of KRW 1.2 million, and the said judgment (Seoul District Court Decision 2012No2352 Decided October 19, 2012) became final and conclusive.

D. On October 12, 2011, 201, C did not attend the criminal conciliation proceedings, but C agreed to bear KRW 200,000,000, a half of the unpaid installment amount of C and C.

Article 12(1) of the Civil Code No. 3 of the Civil Code No. 3 of the Civil Code No. 3 of the Civil Code No. 20648, Oct. 13, 2011; and Article 28(1) of the Civil Code No. 3 of the Civil Code No. 3148, Oct. 13, 201

x. C x.