All appeals by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1 did not mislead the victim in collusion with F.

The Defendant received KRW 500 million from the injured party from Q, and KRW 130 million, respectively, are delivered to QL and not returned to QL, and there was no intention to commit fraud.

2) The sentence sentenced by the lower court is too unreasonable.

B. The sentence imposed by the prosecutor (unfair sentencing) by the lower court is too unhued and unreasonable.

2. Determination

A. As to the Defendant’s assertion of misunderstanding the facts, the lower court’s judgment comprehensively based on each evidence duly adopted and investigated by the lower court, and held that the Defendant, in collusion with F, carries out a special duty to handle “specific goods” (which are in the form of USD 1, U.S. dollars, KRW 50,000 won currency in Korea, and gold bars, etc.) to the victim in collusion with F.

In this regard, this part of the facts charged was found guilty that the victim acquired a total of KRW 630 million from the injured person.

2) The intent of defraudation, which is a subjective constituent element of fraud of the relevant legal principles, has to be determined by comprehensively taking into account the objective circumstances such as the Defendant’s financial history, environment, details of the crime, and the process of transaction before and after the crime unless the Defendant is led to the confession (see Supreme Court Decisions 2007Do10416, Feb. 28, 2008; 2006Do2864, Jun. 27, 2006). In full view of the following circumstances acknowledged by the lower court’s judgment and each evidence duly adopted and investigated by the court, the lower court’s judgment that found the Defendant guilty of this part of the facts charged is justifiable, and there is a mistake of mistake of facts as alleged by the Defendant.

subsection (b) of this section.

This part of the defendant's assertion is without merit.

① The Defendant, while making a confession of all the facts charged in the instant case at the lower court: Provided, That he/she was given money acquired by deception to Qu and AL, but was unable to return it to the victim.