The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for three years from the date this judgment becomes final and conclusive.

1. The sentencing of the court below (one year and six months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio in accordance with the amendment of the indictment, the prosecutor examined the following facts: “The Defendant did not intend or have the intent or ability to pay monthly and heavy accommodation expenses to the victim even if the said victim paid accommodation expenses, etc. on October 201,” and the Defendant filed an application for the amendment of the indictment with the victim I at H located in Yeongdeungpo-gu Seoul Metropolitan Government around the end of October, 201, to pay KRW 9 million to the victim I at the monthly salary of the week. Moreover, the Defendant would promptly receive money if he paid accommodation expenses, etc. to the on-site personnel, as he did not receive money.” However, the Defendant had no intention or ability to pay monthly and heavy accommodation expenses to the victim even if he paid accommodation expenses, etc. on behalf of the above victim, and the Defendant was no longer subject to the amendment of the amendment of the indictment, which led to the amendment of the judgment below to this effect.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

Criminal facts

The summary of the evidence and the criminal facts acknowledged by the court below stated that "the defendant would pay the victim I a monthly wage of KRW 9 million when he/she takes charge of the human park works of the Cheongju-gu K in Yeongdeungpo-gu Seoul Metropolitan Government at the end of October 2011. The defendant would promptly receive and adjust the money from the part of the site in return for payment of room and lodging expenses, etc., on the ground that there is any money that has not been received at present."

However, the defendant is true.