2. Determination on the grounds for appeal

A. According to the evidence duly adopted and examined by the court below as to the mistake of facts and misapprehension of legal principles, the defendant assumes that he is "C" which is disadvantageous to e on the Internet and has received attention among 3, as shown in the facts charged in the instant case, and assumes that the defendant, as stated in the instant facts charged, both J and Shin Dong-dong, a reporter of the advisory board, belongs to both J and Hadong-dong, and should prepare a two flag advisers, and send them to Dadong-dong, and in return, acquired money of 850,960 won by receiving the Plaintiff’s advisory fee from the Defendant to N account, which is the Defendant’s seat.

In addition, in fraud, the term "the loss" includes all acts that make the other party actively conceal false facts or conceal the truth so that the other party may be omitted in mistake, and all acts that make the other party already in mistake continue to maintain his/her status.

In this case, the Defendant was well aware of the fact that J and K had already been involved in the mistake as “C” due to his mistake, and instead, did not correct such mistake, it would constitute deception that the Defendant would make the Defendant prepare and publish an advisory adviser by using this to the two as the fake “C”.

In addition, if it was known that the Defendant was not a fake “C” at the time, there is no reason to post the Defendant’s advisory adviser or pay the Plaintiff’s fee, and there is a causal relationship between the Defendant’s misrepresentation of “C” and the publication of an advisory adviser and the payment of the Plaintiff’s fee.

Furthermore, it is naturally anticipated that the Plaintiff’s fee will be paid in consideration of the fact that the Plaintiff’s fee will be paid in the case of publishing a flag adviser in Newdong anddong, in light of the background and process of the Plaintiff’s payment of the Plaintiff’s fee, and the details of the Plaintiff’s statement by the Plaintiff’s N.