A. The Defendant did not have conspired to commit fraud against E and victims, there was no fact that the victims had concealed, and there was no intention to commit fraud.

B. The punishment of the first instance court on the unfair sentencing (one year and two months of imprisonment, two years of suspended execution, and one hundred and sixty hours of social service) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following facts and circumstances acknowledged by the evidence duly admitted and investigated by the first instance court as to the assertion of mistake of facts, the Defendant conspired with E and B in committing a crime against the victim G as stated in the judgment of the first instance court, and it can be sufficiently recognized that there was a criminal intent by deceiving the victims in collusion with E in committing a crime against the victimJ, and that there was a criminal intent by deception against the Defendant at the time.

Therefore, the defendant's assertion of mistake cannot be accepted.

① Around November 5, 2010, the Victim G was introduced by the investigative agency around E and the Defendant, and “E and the Defendant agreed to compensate for KRW 1 billion if they lend KRW 3 million to the people performing any important work of a country. E and the Defendant committed such act, and even thereafter, E, the Defendant and the Defendant are Asian P Enforcement Officer and the Defendant are the assistant officers of E. The International Organization and the Government Department manage gold, USD, UN, etc. stored in the warehouse of the Ministry of Government Administration and Home Affairs, and the State made a statement that they continued to lend money.

In addition, around May 2012, the victim J. J. also introduced that, around 2012, E is an execution officer who manages the money of the President, and the defendant who kept in uniform is an assistant officer of E, and if he lends KRW 30,000,000 to the former president, he/she will pay KRW 970,000,000 for merit until June 7, 2012, and he/she will pay KRW 30,000 to the defendant and E.