The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact-misunderstanding 1, the Defendant himself also committed the act of fraud under Section 1 of the judgment of the court below, i.e., I in California (hereinafter “I”).

The purpose of the J(U) is to arrange the victims to study in the Republic of Korea, and there was no fact of conspiracy with the J, and there was no intention to commit fraud.

2) Article 2-A of the judgment of the court below No. 2-A. Since the defendant, who committed fraud, was able to temporarily keep the money received from the victims and again remit the money as is, there was no intention to commit fraud.

B. The punishment of the lower court is heavy.

2. Determination

A. In light of the following circumstances acknowledged by the lower court by comprehensively taking account of the circumstances that the lower court found guilty and the evidence investigated at the lower court and the appellate court as a whole, the facts that the Defendant acquired by deception in collusion with the J may be acknowledged.

① Around December 15, 201, parents and students indicated in the victim column in the attached list of crimes (hereinafter “victim’s parents and students”) entered into an agreement with the Defendant named as the head of the I Asian administrative office around December 15, 201, on which students entered the USA I with the content that students will provide counseling for admission and enrollment procedures.

② The victimized parents and students paid a total of KRW 327,473,180, as indicated in the attached list of crimes, in the name of the Dong community training expenses, admission fees, and accommodation expenses for entering the school from November 21, 201 to June 1, 2012, before and after the conclusion of the above entrance agreement, to the Defendant.

③ The Defendant explained to the victimized parents and students that I had been regularly authorized by the State of California, California, and that I obtained PGA’s license at the time of graduation, and that he has secured physical facilities, such as professors, lecture rooms, dormitories, and golf courses, sufficient to receive the desired level of golf-related education, and that they have such contents.