The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor, the court below erred in finding the Defendant not guilty of all the primary and ancillary charges of this case by misunderstanding the facts, even though it is acknowledged that the Defendant participated in the act of withdrawing the money acquired through deception in collusion with G by receiving the money from the victim’s account as shown in the primary charges of this case, thereby establishing a joint principal offender with respect to the crime of defraudation, or aiding and abetting the crime of defraudation by withdrawing at least the money acquired through the deposit as stated in the preparatory charges.

2. Summary of the facts charged

A. The summary of the facts charged is as follows: (a) the Defendant conspireds to request the victim I who works for “G” and “H law firm” located in New York to recover the outstanding amount and to deliver a forged check as if the attorney fees are paid and to receive the difference from the account of the Defendant.

Accordingly, the Defendant and G sent e-mail to the selling company in the United States, “K,” a transaction partner in the United States, at a place where the location is unknown on or around December 21, 2010, the Defendant and G sent e-mail to the victim, and then sent e-mail with respect to the appointment of the lawsuit between the victim and the victim, and then sent e-mail to the victim at the face value of 295,500,000 won of the issuance of the e-mail bank, including attorney fees, around January 4, 2011. On or around January 7, 2011, the Defendant and G sent e-mail to the victim with the remaining 275,236, after deducting the attorney fees from the phone to the victim, and received the said amount by sending e-mail to the foreign currency deposit account in the name of the Defendant in the name of the foreign exchange bank (M) in Korea.

After January 10, 201, the defendant is in the Yongsan-gu Seoul Metropolitan Government Dongwon-dong.