All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and four months.

1. Summary of grounds for appeal;

A. Defendant (1) misunderstanding the fact (a) that the injured party provided the instant materials to N, operated by M, by deceiving the Defendant.

Even if the defendant gets profits by disposing of the above materials directly from N, there is a disposal act of the victim, which is a requirement for fraud, since there is a disposal act of the victim.

shall not be deemed to exist.

(2) The sentence of the lower court 1 (one and half years of imprisonment) and the sentence of the lower court 2 (ten months of imprisonment) is too unreasonable.

B. The lower court’s sentence No. 1 of the Prosecutor is too unhued and unreasonable.

2. Prior to the judgment on the grounds of ex officio appeal, the judgment of the first and second judgment against the defendant was rendered, and the judgment of the second court against the defendant was rendered, and the defendant and the prosecutor filed each appeal against the second judgment against the defendant, and the second judgment against the second judgment, and the court decided to hold the above two cases jointly.

However, since each crime of the first and second judgment in the judgment of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act, the judgment of the court below in the first and second judgment cannot be maintained as it is.

However, notwithstanding the above reasons for reversal of authority, the defendant's assertion of mistake of facts is still subject to the judgment of this court, and we will examine below.

3. In determining the Defendant’s assertion of mistake of facts, a dispositive act is an intermediate intermediary and connecting the final result of the actor’s mistake by deception and the acquisition of property or profits from property by the actor, etc., and the intrinsic characteristic of the acquisition of property by using the act of the victim, which is erroneous, lies in distinguishing the acquisition of property by taking advantage of the act of the victim, and the crime of larceny, which is not based on the act of the victim, and

Considering the role and function of the disposal act, the person against whom the disposal has been committed.