The judgment of the court below is reversed.

Defendant shall be punished by a fine of 2.5 million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant, by misunderstanding the fact, was holding a plastic cup and was scam for the victim’s cocons, and was scam for the victim, but there was no fact that the victim was scam back to the victim due to scam.

B. The punishment sentenced by the lower court against the Defendant (the penalty amounting to KRW 2.5 million) is too unreasonable.

2. The following circumstances acknowledged by the lower court’s judgment as to the assertion of facts and evidence duly adopted and examined at the trial court and the trial court. ① At the time of the investigation agency’s initial statement, the victim stated that “the Defendant was behind the part,” and thereafter, “the Defendant got behind the part,” and it is not clear whether the Defendant directly was behind the part, and ② the shoter F did not appear to have been behind the part of the Defendant at the investigation agency and the trial court.” According to the victim’s statement, the victim’s statement was made that “The Defendant was under the influence of the part, and was under the influence of the Defendant’s body, such as the Defendant’s removal from the part, and the sound was destroyed, and thus, the parts were under the influence of the Defendant’s body, such as the Defendant’s removal from the part, and it appears that the Defendant was under the influence of the body of the victim, but it was not clear whether the parts were under the influence of the Defendant’s body, such as the Defendant’s removal from the part of the body, etc.