2. According to the evidence duly adopted and examined by the court below, the court below: ① published a newspaper advertisement stating that the defendant would engage in money exchange business against one person and operated money exchange business by means of money exchange; ② the victim requested money exchange upon the defendant's recommendation by this F, and ③ issued 14 copies of the above newspaper advertisement by the defendant; ③ the defendant, along with the victim, issued 121,000 dollars of the victim's money; ③ the defendant directly designated 14 copies of the above check; ④ one of the 14 copies of the above check, the defendant himself was the addressee; and the above check was paid to the addressee thereafter. Considering the above facts, it can be sufficiently recognized that the defendant received the check under the pretext of money exchange to the victim; even if the defendant received the above check from M and sent it to M, the defendant and M, as a principal offender, bears the responsibility for the crime.

In addition, although the Defendant asserts that the victim’s money constitutes an illegal cause of benefit, it does not constitute a crime. However, there is no evidence to acknowledge that the victim’s money was illegally acquired, and even if the money constitutes an illegal cause of benefit under Article 746 of the Civil Code, if the beneficiary provided property equivalent to the illegal cause of benefit through deception, then the crime of fraud is established if the beneficiary provided property equivalent to the illegal cause of benefit.