The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In other words, the Defendant was the chief director of the board of directors.

During his efforts to revitalize H’s welfare activities, C became aware of the fact that the light assets are around 200.

C It shows that the Defendant deposited KRW 10 billion and donated the said money to H’s welfare activities. However, it is necessary to use the money to use the money, and the Defendant continuously demanded the money to use the money. The Defendant believed and continuously remitted money to C until recently.

On June 5, 2015, the Defendant met the victim on a sudden basis (i.e., damage).

“” has heard horses.

Until that time, the Defendant believed C, thereby soliciting C to make an investment, which was accepted by the victim, and remitted the sum of KRW 6050,000 to the account managed by the Defendant, and the Defendant wired the said money to C in return for his own money.

After that, C again requested that the Defendant recover the investment amount and directly connect the victim. Moreover, C directly contacted the victim and transferred 8.66 million won out of the amount of damage indicated in the facts charged to the victim to his account. The Defendant received 8.1.6 million won out of the amount of damage indicated in the facts charged, and the remaining 50 million won from the victim in cash.

At the time, the Defendant was unaware of the circumstance that C had no intent to repay the money even if C borrowed money from the damaged party due to no particular property or income, and only during the investigation process of the instant case, C filed a complaint with C in fraud, etc. with the knowledge of the fact that

As such, the Defendant was merely a victim of C’s fraud crime, and there was no intention to obtain fraud with respect to the instant crime.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous or erroneous.