The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. Summary of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles and improper sentencing)

A. Under the misunderstanding of facts and legal principles, there is no criminal intent to acquire by fraud for some of the amounts listed in the list of crimes attached to the original judgment as stated in ① or ④.

Therefore, the amount obtained by the Defendant from the injured party is a total of KRW 23 million (i.e., KRW 19 million out of the 19 million amount out of the 1st joints of crimes attached to the judgment below, 4 million out of the 2nd joints of crimes attached to the judgment below).

① The Defendant received a total of KRW 30 million from damage on November 20, 2014 and December 1, 2014 for the purpose of acquiring the name of the radio microprice price and the total right manufactured by F Co., Ltd. (hereinafter referred to as “F”), from the injured party, the Defendant paid KRW 10 million to F on November 24, 2014, and the victim received KRW 40,000 from the injured party.

Therefore, 1,100,000 won (=cost 275,000 x 40) which is equivalent to the price for the 40 microphones received by the victim should be excluded from the amount obtained by fraud.

② KRW 1 million, out of 2 re-amounts in the table of crime list Nos. 2 attached to the original judgment: The Defendant requested for the production of a sampling bridge to S actually and paid KRW 1 million at the expense, as notified by the victim.

Therefore, 1 million won, which is the money actually paid as notified to the victim, should be excluded from the amount of fraud.

③ The victim stated in the court below that he lent money to the Defendant according to the Defendant’s request for a loan of money not by giving the Defendant the ballast development cost at the cost of development at the court below, and that the above KRW 4 million is only a loan under a civil monetary consumption lending contract.

(4) KRW 1.5 million re-1.5 million in the fourth period of crime sight table attached to the judgment of the original court: The defendant is running business activities with the victim for his/her business.