The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

However, the period of five years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. (1) Fact-finding (part of the judgment below's conviction) 1.6 billion won is recognized to have been transferred from the victim's account by deceiving the victim B to 14,550,000 won as stated in the facts charged, but the defendant's account transfer of KRW 1.6 million to 1.6 million on June 15, 2014; KRW 400,000 on June 16, 2014; KRW 1.65 million on April 16, 2015; KRW 1.65 million on July 16, 2015; KRW 1.65 million on July 1, 2015; KRW 1.65 million on July 1, 2015; KRW 700,000 on July 13, 2015; and KRW 1.5 million on September 24, 2015; and KRW 1.5 million on May 25, 2015.

Nevertheless, among the facts charged in the instant case, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment, by recognizing the guilty of all the frauds and attempted frauds listed in the attached Table 1 List of Crimes as indicated in the lower judgment and punishing them as fraud.

(2) In light of the fact that the criminal defendant was not subject to criminal punishment except for a fine of KRW 700,000 due to drinking driving in 2007, the sentence of the lower court sentenced to four years of imprisonment is too unreasonable.

B. As to the public prosecutor’s mistake of facts (1) (not guilty part of the judgment of the court below), the victim is required to make a concrete and consistent statement about the process of intimidation, details of intimidation, damage therefrom, etc., and to be damaged.