The judgment below

Of the defendants C, the part of the defendant is reversed.

Defendant

C A person shall be punished by imprisonment for three years.

However, Defendant C.

Defendant A’s mistake of facts or misapprehension of the legal principles, the Defendant and the defense counsel, from the fourth trial date of the first trial, withdrawn the assertion of mistake of facts or misapprehension of the legal principles except the following reasons for appeal.

Of the facts charged in the instant case, the owner of KRW 20 million by fraud on May 9, 2016, and KRW 40 million by fraud on May 12, 2016, not the “P” but the “O” of his/her father. As such, the amount of the Defendant’s fraud to the victim P is KRW 460 million (=i.e., KRW 20 million on April 19, 2016). Thus, the amount of the Defendant’s fraud to the victim P is KRW 460 million (= KRW 40 million on May 3, 2016).

Therefore, the crime of fraud is established against the victim P, and the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes is not established.

The punishment of the court below (five years of imprisonment) which is unfair in sentencing is too unreasonable.

Defendant

On the other hand, the defendant was aware that the defendant's game item transaction business was true.

Therefore, at the time when the defendant solicits the victims to make an investment in the game item transaction business, the defendant did not have the intention of defraudation.

The punishment of the court below (4 years and 6 months of imprisonment) which is unfair in sentencing is too unreasonable.

Defendant

C The punishment of the lower court (four years of imprisonment) is too unreasonable.

Judgment

Defendant

Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court with respect to A’s assertion of facts or misapprehension of the legal doctrine, the fact that the Defendant received each payment from the victim P to KRW 20 million on May 9, 2016, and KRW 40 million on May 12, 2016 (hereinafter “each of the instant money”).

Therefore, Defendant A’s misunderstanding of facts or misapprehension of legal principles is without merit.

① P andO stated in the lower court that the victim of each of the instant money is P, as a witness and the victim of each of the instant money.

This means that P, as the victim and P’s assistant, obtained a total of KRW 520 million including each of the instant funds from the instant Defendants as the victim and P’s statement.