[Defendant B] The part of the judgment below as to Defendant B is reversed.

Defendant

B A person shall be punished by imprisonment for one year.

(b).

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding of facts and misunderstanding of legal principles as to the act of fraud (A) - Defendant B’s act of disposal at the victim’s side of the mistake of facts or misapprehension of legal principles as to the disposal of fraud, and transmitting the tamp to the victim’s staff members waiting in the airport of Yoka who had affixed the photo of the Defendant B, thereby allowing H to wait prior to the arrival time of the above airport of the Defendant B, and taking measures to prevent the Defendant B from leaving the tamping. In light of the circumstances, Defendant B could not leave the course determined by the victim from the Incheon Airport Tax Exemption Zone where the tamp was received to deliver the tamp from the Incheon Airport to the arrival of the Ya Airport. Thus, the Defendant’s act of receiving the tamp from the victim’s t cannot be said to have acquired de facto control over the tamp. Therefore, it cannot be said that there was a disposal act against the victim’s tamping.

Nevertheless, the judgment of the court below convicting of the facts charged of this case is erroneous in the misapprehension of legal principles as to the act of disposal in fraud.

B) In light of the legal principles as to the establishment of illegal consideration and fraud, the gold abduction received by the Defendant B from the victim constitutes illegal consideration, and thus, cannot be deemed liable for the crime of fraud by the act of deceiving the victim and receiving the said gold abduction by deceiving the victim. Nevertheless, the judgment below convicting the Defendant of the instant facts charged is erroneous in the misapprehension of legal principles as to illegal consideration and the establishment of fraud. C) Although it is merely a mistake of facts with regard to the Defendant’s role, the Defendant planned the entire crime of this case and mediated the contact with the Defendant B and I.