Defendant

All appeals filed by C and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant C received money from the victim I and transferred it to J, but the J did not return to the bill. As such, Defendant C did not have any intention to commit the crime of defraudation by the victim.

B. According to the evidence submitted by the public prosecutor at the lower court, it is recognized that Defendant A and B conspired with Defendant C and J, and thus, it can be found guilty of the facts charged in the instant case.

2. Determination

A. In light of the following circumstances: (a) Defendant C andJ, who received KRW 4.4 million from Defendant B, did not return to Defendant C in succession, and (b) Defendant C asked the victim at the victim’s request; (c) Defendant C asked the victim to call the victim; and (d) Defendant C testified that the victim asked the victim to visit the victim and return the money received after the victim filed the complaint at the court of the court of the court of the court; and (c) the victim testified that the victim would contact the victim and return the bill to the victim, the court of the court of the court of the court of the court below may fully recognize the fact that Defendant C acquired the bill by receiving KRW 5 million in return for seeking the bill from the victim in collusion with J; and (e) it is difficult to deem that there was an error of law that affected the conclusion of the judgment by misunderstanding the facts in the judgment of the court below convicting Defendant C as guilty of the facts charged against Defendant C.

Defendant

C’s above assertion is without merit.

B. We examine the prosecutor's assertion of mistake of facts.

Defendant A and B first known of J at the time of the instant crime, and Defendant A and B made several calls to Defendant C at the time of the instant crime, and even at the time of the victim’s reporting to the police, Defendant A and B received money from the victim and received money from Defendant C.