The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Article 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) provides that the victims shall receive the principal and proceeds from the defendant in the course of continuous monetary transaction between the defendant and the victims. In this case, since the total amount of fraud is less than 500 million won, the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) is not established, the court below erred in finding the guilty of this part

B. The sentence of unfair sentencing (two years and six months of imprisonment) by the lower court is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts and misapprehension of legal principles, fraud is established immediately when there is a delivery of property due to deception, and the "amount of profit" under Article 3 (1) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes does not affect whether the sum of the values of the property or property gains acquired or made a third party acquire by committing the listed crimes is ultimately realized (see, e.g., Supreme Court Decisions 99Do4305, Feb. 25, 2000; 2003Do8231, Mar. 26, 2004). Therefore, if the defendant received and received money from the victims without the intention or ability to pay the principal and profits properly, each crime of fraud is established whenever the money was received, and if the money was received again by return to the victims, then the sum of the money received by the crime of fraud shall not be deducted, and it shall not be calculated as the amount of profit to be returned to 2016Da162561, Feb. 26, 2006>