All A and prosecutor appeals are dismissed.

A. The lower court’s punishment against Defendant A (one year and six months of imprisonment) is too unreasonable.

B. In light of the various circumstances at the time of assertion of mistake of facts or misapprehension of legal principles with respect to Defendant B, even if Defendant B did not have a process of conspiracy with Defendant A, it can be deemed that there was a conspiracy between the two parties, either successively or implicitly, and the intent to acquire the instant gold leader and the money for lease on a deposit basis, and if Defendant B did not express directly deception to the victim, it should be deemed that the co-principal is liable even if Defendant B did not express such deception directly to the victim. Nevertheless, the lower court erred by misapprehending the legal doctrine or by misapprehending the legal doctrine, thereby acquitted Defendant A of the facts charged against Defendant B. 2. 2) The lower court’s punishment on the grounds that it is too unreasonable to deem that the Defendant’s punishment against Defendant A is too unreasonable.

2. Determination

A. On August 3, 2013, the prosecutor's assertion of mistake of facts or misapprehension of the legal principles as to Defendant B's assertion 1) The defendant's fraud of the amount equivalent to KRW 120 million in the market price of two gold bars of August 3, 2013. The defendant Eul purchased two 1 kilogram gold bars with the UBS mark attached to the victim around August 3, 2013 in order to pay 16 billion won in the real estate purchase price after the following day to the victim if he purchases two 1.6 billion won in the first place with the mark of UBS mark to manage the money of the State. The defendant's purchase of the victim from the department store in Seocho-gu Seoul, Seocho-gu, Seoul and the defendant or the victim together take the vehicle of the victim, and the victim is waiting for the victim's vehicle outside the department store, and the victim purchased the 1.6 billion won in the first place in Jongno-dong, Jongno-gu, Seoul.