The judgment below

Among them, the part against Defendant A is reversed, and this part of the case is remanded to the Suwon District Court's principal agreement.

The grounds of appeal are examined (to the extent of supplement in case of supplemental statements in the grounds of appeal filed by the defense counsel of defendant B, which are not timely filed).

1. As to Defendant A’s grounds of appeal

A. The protection of a crime of fraud is a property right with respect to a victim H’s attempted fraud. Therefore, a person who has a property right can not be the victim in fraud.

Therefore, in cases where a court deceivings a third party to take over property from a third party, the court of the person who was the victim cannot be the victim and the third party who was taken over the property is the victim. Therefore, in cases where a third party who was the victim and the person who committed the crime of fraud are in a relationship of lineal blood relatives, the punishment shall be exempted pursuant to Article 328(1) of the Criminal Act applied mutatis mutandis under Article 354 of the Criminal Act (see, e.g., Supreme Court Decision 2014Do8076, Sept. 26, 2014). According to the records, since the person who was the victim of this part of the charge and the defendant are in a relationship of lineal blood relatives between the father and the injured party, the court below should have exempted the punishment by applying Articles 354 and 328(1) of the Criminal Act to this part of the charges.

Nevertheless, the lower court, unlike this, found the Defendant guilty on this part of the facts charged without exempting him from punishment, and determined a sentence together with the remaining facts charged. In so doing, the lower court erred by misapprehending the legal doctrine on the scope of application of precedent to victims and relatives in attempted fraud, thereby adversely affecting the conclusion of the judgment.

B. According to the provisions of Articles 354 and 328 of the Criminal Act with respect to each attempted fraud against the victim K and J, the punishment for the attempted fraud between a lineal blood relative, spouse, relative living together, family member living together, or his/her spouse shall be exempted, and the prosecution shall be instituted only upon the complaint between the other relatives.