The judgment of the court below is reversed.

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

The judgment below

Part 2 8,175,000 of conduct 11.

1. Summary of grounds for appeal;

(a) It is not deemed that a successful bidder was organized and operated for the purpose of deceiving the money from the beginning or deceiving the victims by deceiving the money from the beginning, that the members of the fraternity who received the successful bid prior to the misunderstanding of the facts were locked or who were engaged in illegal stay in Vietnam and could no longer operate the successful bidder.

B. The sentence sentenced by the lower court to the Defendant (one year of imprisonment) is too unreasonable.

2. Judgment on the grounds for appeal

A. (1) Determination on the assertion of mistake of fact 1) The defendant in the summary of the official residence room is a person who acquired the nationality of the Republic of Korea through marriage with South Korea in Vietnam or around 2005, and operated a restaurant with the trade name "D" located in Ulsan-gu C.

The victims also acquired Korean nationality through marriage with the husband of each Republic of Korea as Korean women from Vietnam, and entered the above restaurant operated by the defendant and became aware of each other.

On August 5, 2015, the Defendant intending to post a telephone to the victim E at the above “D” restaurant and make a 2,400,000 won won winning tender for each 2.4 million won in which each 13 old accounts are deposited every month. When the inside of the country pays a guidance to the successful bidder, the Defendant will pay the guidance to the successful bidder.

The phrase “ makes a false statement.”

However, the Defendant did not have any idea to organize the above successful bid system, and even if receiving the above money from the Defendant’s personal living expenses and from July 2015, the Defendant thought that it was used for the Defendant’s “G”’s expense located in Ulsan-gu, Seoul-gu, where the opening of business was prepared, and the above “G” entertainment was in the form of KRW 250,000,000,000,000 for the opening of the business, and the Defendant did not have any intent or ability to establish a normal successful bid system even if he continued to borrow the money from the people of Vietnam, and even if he received the money from the victims under the pretext of the advance payment, he did not have any intent or ability to pay the said money.

The Defendant is the victim.