All appeals by the defendant and the prosecutor are dismissed.

Summary of Reasons for appeal

A. Defendant 1) On July 30, 2015, upon the victim’s request, the Defendant: (a) received KRW 25 million from the victim on July 30, 2015 to transfer it to the account; and (b) delivered it to a third party; (c) thus, the Defendant should be excluded from the amount of money obtained through deception against the victim; (d) but (e) the lower court erred by misapprehending the fact, thereby finding the Defendant guilty of all of the aforementioned KRW 25 million.

2) The punishment sentenced by the lower court (ten months of imprisonment) is too unreasonable in light of the fact that the Defendant did not commit the instant crime with conclusive intent, and that the Defendant repaid a considerable portion of the amount of damage, etc.

B. In light of the fact that the above punishment sentenced by the prosecutor by the court below was obtained by deceiving the victim who is vulnerable to the crime with 136 million won, etc., it is too unfortunate and unfair.

2. Judgment on the grounds for appeal

A. The lower court’s determination as to the Defendant’s assertion of mistake of facts is apparent in the text of the lower judgment that the part that the Defendant received KRW 25 million from the injured party on July 30, 2015 to the account transfer was not recognized as criminal facts, as alleged by the Defendant. As such, it is apparent that the lower court’s determination as to the Defendant’s assertion of mistake of facts is apparent (it does not include the part of the Defendant’s assertion of KRW 25 million on July 30, 2015 in the facts charged of the instant case). Therefore, the Defendant’s assertion of

B. The lower court appears to have reasonably determined the punishment by fully taking into account all the circumstances, including the grounds for sentencing asserted by the Defendant and the Prosecutor, and there is no change in the conditions of sentencing that could change the punishment compared with the lower court (in the first instance trial, the victim’s bereaved family members were additionally paid KRW 300,000,000. However, considering the extent of damage caused by the instant crime, etc., the lower court’s change in the conditions of sentencing that could change

The Defendant’s age, sex, environment, and age.