The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, for one year from the date the above judgment becomes final and conclusive.

Summary of Grounds for Appeal

According to the evidence submitted by the prosecutor, although it is possible to recognize the fact that the defendant deceivings the victim F as stated in the facts charged of this case, he could have acquired the victim's money by deceiving the victim F, the judgment of the court below which acquitted the defendant of the facts charged of this case is erroneous by misconception

Judgment

In the first instance trial of the ex officio judgment, the prosecutor applied for amendments to Bill of Indictment containing the same contents as the “preliminary facts charged” as stated below in the primary facts charged while maintaining the first facts charged as the primary facts charged. Since this court permitted this and changed the subject of the judgment, the judgment of the court below is no longer maintained in this respect.

However, the prosecutor's assertion of mistake of facts as to the primary facts of this case is still subject to adjudication, even though there is a ground for reversal of authority as above.

[Preliminary Facts] The Defendant borrowed money from the Ha and I to the J, but the J failed to pay interest that should have to be paid to the son since early 2006, and thus it is urged to pay interest to the son. When the Defendant’s family members in the Switzerland are paid living expenses and the Defendant’s office operation expenses are required, the Defendant paid 48 million won to the J by lending money from the son F and then immediately delivered 31 million won to the J by promptly returning 31 million won to the J and disposing of the delayed interest and using the Defendant’s and the Defendant’s family members.

Nevertheless, the Defendant could not pay interest for KRW 450,000,000 in the office located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, in December 1, 2006.