The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. The Defendant did not commit deception, such as the entry of facts charged, but did not have any intention to deception.

In other words, the defendant does not receive money from the victim simply as the pretext of seeking a monthly collection, but receives money from the victim as a consideration for counseling for the defendant who suffers from the beginning of a settlement with a family payment system, the right to receive payment, the right to receive payment, and the support for settlement.

Nevertheless, the judgment of the court below is erroneous in the misconception of facts.

B. The sentence imposed by the lower court on the Defendant (six months of imprisonment) is too unreasonable.

2. Determination

A. The Defendant argued to the same effect as the lower court’s judgment on the assertion of mistake of facts.

The court below, based on the evidence duly adopted and examined, stated that the defendant paid KRW 20,960,00 to the defendant, i.e., (1) consistently supported the victim's divorce and self-reliance and obtained monthly relief; and (2) the defendant made a statement in an investigative agency consistent with the victim's assertion (in the investigation record 299 pages); and (3) the defendant made a statement in an investigative agency to the effect that there is no way to confirm whether the victim took Domination and was Domination; (4) it is difficult to easily understand that he was paid expenses without notifying the victim of the details of use; and (5) the defendant did not receive money from the victim under the pretext that he was Domination or was Domination; and (3) the defendant did not make a statement that he would cover expenses, such as counseling fees, etc. at the time of receiving money from the victim. In full view of the facts charged, the defendant obtained from the victim.