The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. 1) With respect to the crime of violation of the Punishment of Violences, etc. Act (organization and activity of an organization, etc.), the Defendant did not have joined the front wave.

2) In relation to the crime of fraud against the instant victim P, ① is not a game machine’s property or property interest, and thus, cannot be the object of fraud. ② The said victim was merely the user of the instant musical liver, but not the owner or possessor of the instant musical liver, and thus, the Defendant received lives from the Defendant.

Even if so, it cannot be viewed as an act of disposal by the above victim.

B. The sentence of the lower court’s sentencing (one year of imprisonment and one million won of fine) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts or misapprehension of the legal principles, 1) The court below can fully recognize the fact that the defendant joined the subordinate dynamics of the court below as stated in the judgment of the court below in full view of the witness H's legal statement and the statement in investigation agencies such as T, Q, R, E, and S of the subordinate dong wave organization.

The decision was determined.

B) The following circumstances acknowledged in full view of the evidence duly adopted and examined in the court below and the trial of the court below, i.e., (i) R, the cause of the secondary strike, at an investigative agency around July 2008, ordered the Defendant to obtain an order from the members of the organization newly admitted to the area after the Z case at the investigative agency along with T, Q, etc. [Evidence Records (No. 19488, No. 19803, No. 19803, No. 2016) 3,682 of the Busan District Prosecutors' Office)], T also stated at the court of the investigative agency and the trial to the effect that the Defendant is an assistant member of the secondary wave who participated in the secondary wave at the same time as the Defendant himself/herself (Evidence No. 5,575, etc. of the above evidence record), and (ii) the cause of the secondary wave E, at the investigative agency, recommended the Defendant to join the secondary wave.

When making a statement (the above evidence record);