A. In light of the legal principles, the victim merely delivered the gold leader to Defendant C, etc. for the purpose of claiming the transportation of the gold bullion to Japan, and did not grant the right to dispose of the gold leader. Thus, it cannot be deemed that there was a property disposal act as stated in the crime of fraud. Since the victim still occupied the said gold leader, it should be deemed that Defendant A, D, and C committed a theft by jointly cutting the said gold leader into the middle.

Nevertheless, the court below judged Defendant A, D, and C as not guilty for the reason, and found Defendant A guilty only of fraud (preliminary charge). The court below erred in the misapprehension of legal principles.

B. The sentence imposed by the lower court on the Defendants (i.e., two years and six months of imprisonment; (ii) four years of suspension of execution; (iii) fine 458,70,000 won; (iv) confiscation; and (ii) Defendant B: one year and six months of imprisonment; three years of suspension of execution; fine 458,70,000 won; and (iii) confiscation; and (iv) Defendant C: 10 months of imprisonment and two years of suspension of execution.

2. Determination

A. As to the assertion of misapprehension of the legal principles, Defendant A, D, and C, using the aircraft, knew that the organization importing the gold bars from Hong Kong to Japan does not strictly conduct an inspection of the smuggling in the case of Korean nationals departing from Korea to Japan, and that Defendant A, D, and D, using the aircraft, wanted to request a Korean citizen who will play a role of transporting the gold bars from the Incheon International Airport Transfer Site to Japan, and that Defendant C would contact the collection officer of the unclaimed transport volume and deliver the gold bars to Defendant A, D by receiving the gold bars from female toilets, and Defendant A and D promised to sell them to Hong Kong and distribute profits by selling them.

Defendant

C It is around June 16, 2018, together with E-gu J.