The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. Summary of grounds for appeal;

A. At the time of the instant case, the Defendant: (a) received KRW 10 million from the victim on the pretext of not only the log funds in order to find out the successful bid price in relation to the selection of 28 operating companies of each building within the F University; and (b) in relation to the selection of the 28 operating companies of coffee vending machines within the F University, the Defendant notified the victim of the scheduled bid price as requested by the victim; (c) however, the Defendant did not acquire the right of operation by failing to make a bid.

Therefore, even though the defendant did not deceiving the victim and did not have the intent to commit fraud, the court below found him guilty of the facts charged in this case. The judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. In light of the overall sentencing conditions of the instant case, the lower court’s punishment (basic fine of three million won) is too unreasonable.

2. The facts charged in this case and the judgment of the court below

A. On May 201, 201, the Defendant issued a request to the victim E to “D” office located on the first floor of Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government C building for business rights related to 28 tea vending machines within the F University. Therefore, the Defendant changed the necessary street funds.

However, in fact, the defendant did not have the intent or ability to allow the victim to acquire the right to operate 28 dice vending machines within the F University.

On June 28, 2011, the Defendant received from the victim the transfer of KRW 10 million from the Defendant’s KB National Bank account (Account Number: G) to the Defendant’s KB Bank account, and acquired it by fraud.

B. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the following evidence.

3. Judgment of the court below

A. The evidence that there is a criminal fact in a criminal procedure shall be presented by the prosecutor, and it shall also be the same as the criminal defendant's defense is unreasonable and false.