The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. On December 3, 2010, at the time of borrowing KRW 10 million as stated in the facts charged from the injured party on December 3, 2010, the Defendant did not have the intention to acquire the above borrowed money, and had the ability and intent to return the borrowed money.

Nevertheless, the judgment of the court below which found the defendant guilty is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (an amount of five million won) is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant for an ex officio judgment.

A prosecutor shall maintain the facts charged of the crime of fraud which the court below found guilty in the first instance trial as the primary facts charged, and the "Embezzlement" in the name of the crime, "Article 355 (1) of the Criminal Act" in the applicable law, and applied for the amendment of indictment adding each of the following ancillary facts charged, and this court permitted this.

As seen below, as long as a judgment of not guilty of the primary facts charged is rendered, the primary facts charged added at the trial of the court are subject to the trial of this court, so the judgment of the court below that only the previous primary facts charged can no longer be maintained.

[Preliminary facts charged] The defendant at the point of Samsung Card E located in Seongbuk-si, Sungnam-si, around November 2010, means that "I real estate" of H management in Seocho-gu, Seoul, the Seocho-gu, Seoul, the deposit money of KRW 401,00,000,000,000,000,000,000 won as a deposit to get a monthly rent to Gangnam-gu, because I want to get a monthly rent to get a dynasium by using the dynas relation to money." In other words, the defendant extended the deposit to the victim in the name of the victim in the name of the victim in the monthly rent contract, and thus, the victim will receive the deposit upon the expiration of the lease term." On the 23th of the same month, around the same month, the victim was the victim in Seocho-gu, Seoul, and the lessee in the name of the victim in the name of the victim.