The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

except that this judgment.

1. Of the facts charged in this case, the court below found the defendant guilty as to the fraud of USD 12,700 and KRW 16,900,00 from the victim as stated in the facts charged in the judgment of the court below, and found the defendant not guilty for the reason that he defrauded KRW 10,000 from the victim with a single crime.

In this case, only the defendant appealed against the guilty part, and in accordance with the principle of indivisible appeal, the guilty part of the above acquittal part of the reason is also judged in the trial. However, the acquittal part of the reason is deemed to have already been relieved of the object of the trial from the object of attack and defense between the parties.

(see Supreme Court Decision 2009Do12934, Jan. 14, 2010). Therefore, the part of acquittal on the above grounds is to follow the conclusion of the lower judgment. Ultimately, the scope of the trial on the grounds is limited to the part of conviction.

2. Summary of grounds for appeal;

A. The defendant did not deliver money to Co-defendant B as stated in the facts of the crime in the judgment of the court below.

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

3. Determination

A. In light of the evidence duly examined by the court below in relation to the assertion of mistake of fact and the facts acknowledged by the court below, it is sufficiently recognized that the defendant delivered money to B as stated in the facts constituting the crime in the judgment below.

The defendant's above assertion is without merit.

B. Unfavorable circumstances in relation to the assertion of unfair sentencing: The instant crime is a crime of hackinging another person’s social media account overseas, creating a social media account with false personal information, and reliance on the relationship with residents in Korea through the relevant account, and demanding to lend money to the victims, or repeatedly obtaining money under the pretext of customs clearance and transportation expenses for various gifts, etc., which is an organized and planned intelligence.