The judgment below

Of them, the part on the fraud of Defendant B around December 26, 2007 against Defendant B is reversed.

Defendant

B.

1. Summary of grounds for appeal;

A. Defendant A’s written confirmation of fact that around June 2008, around 2015, Defendant A prepared and delivered to the victim a written statement of fact that the amount of harm caused by the Defendant’s failure to deliver to the victim was 420 million won. The above quantity includes KRW 26 million, which is the 5.2t price for construction and 5.2t price, which is the object of the crime. In addition, Defendant A and the victim continued to supply and supply the outstanding amount to the victim, and during that process, Defendant A and the victim got 10 million won to the extent of supplement in case of supplement of the grounds for appeal. Ultimately, Defendant A and the victim did not receive KRW 320 million from each of the crimes of this case (i.e., KRW 420 million, KRW 420 million and KRW 400 million) from each of the crimes of this case, nor did the victim conceal the victim to the extent that it was unjust for the victim to have been supplied.

B. Regarding the fraud around December 26, 2007, the prosecutor (Defendant B), Defendant B conspired with A and participated in this part of the fraud. 2) In relation to the embezzlement, the construction of the instant case was owned by the victim from the time when the victim directly paid the customs warehouse cost to J around April 2008. Thus, the Defendant was in the position of a person who keeps the property of the victim from that time.

3. With regard to the fraud around May 16, 2008, the testimony of the victim and K in the lower court is examined.