The defendant's appeal is dismissed.

1. On July 12, 2012, the lower court sentenced the Defendant and Co-Defendant A (hereinafter referred to as “A”) to six months of imprisonment for each fraud, and the lower court appealed both the Defendant and A, and the case of appeal against the Defendant and A was transferred to the first instance court.

On the other hand, A was charged with separate cases and the appeal case was pending in the Seoul High Court (Seoul High Court 2012No229), and the appeal case concerning A was separated and transferred by the Seoul High Court's consolidated examination decision on September 3, 2012, and was pending in the Seoul High Court.

Therefore, the scope of personal inquiry of the party shall be limited to the appeal case against the defendant.

2. The summary of the grounds for appeal (in fact), the Defendant attempted to use the payment guarantee certificate as indicated in the judgment below (hereinafter “the instant payment guarantee certificate”), but failed to use it as various issues, provided that the husband BU of the victim intended to purchase a building in a astronomical area using the instant payment guarantee certificate, and provided a detailed explanation to the victim, such as guarantee fee, payment deadline of fees, obligation to create a security, etc., and subsequently, A did not know the fact that the instant payment guarantee certificate has expired, and subsequent to the extinguishment of the payment guarantee certificate, A did not know that

Therefore, the court below found the defendant guilty of the facts charged of this case because the defendant conspireds with A to obtain the guarantee fee from the victim.

3. Determination

A. As to the same argument as the grounds for appeal by the Defendant, the lower court: (a) provided a guarantee fee (3%) and a security in order to use the payment guarantee of this case; and (b) provided a guarantee fee for the payment guarantee of this case, even if it was impossible to use the guarantee fee due to the creation of a security at the time; (c) paid only the guarantee fee