A. As to the crime of fraud against the victim C by mistake of fact, the crime of fraud is not established on the ground that the Defendant, upon receiving a request from the above victim for the said victim to money laundering and return the money immediately after receiving the money, and then immediately withdrawn and returned the money.

B. The punishment of the lower court (one year of imprisonment and one million won of fine) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the assertion of mistake of facts, ① the victim has made a consistent and detailed statement on the details of damage caused by the crime of fraud in lieu of the amount of damage caused by the crime from the investigative agency to the court of the lower court; ② the Defendant first raised the victim in the course of an investigation as a witness at the trial date of the lower court, and the Defendant did not explain any particular circumstances; ③ the Defendant was related to the money laundering in the lower court’s entirety “amount exceeding three million won.”

The assertion was made in the first instance, and it was related to the money laundering in entirety, “the amount exceeding 10 million won” without a particular explanation of the reason or purport for changing the assertion.

In addition to the fact that the victim's complaint is revoked and excluded in this case, the statement made by the victim in relation to the crime of fraud against the victim C is reliable. < Amended by Presidential Decree No. 20790, Feb. 22, 2016>

Therefore, the court below did not err by misapprehending the facts that found the defendant guilty of this part of the facts charged, and the defendant's above assertion is without merit.

B. According to the instant argument and the record, the lower court’s punishment is a number of claims asserted by the Defendant.