The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The victims of the misapprehension of the legal principles have placed cash in front of the current residence of the victims so that they may bring the employees of the Financial Supervisory Service due to the deception of the Bosing Steering staff, which constitutes an act of disposal, and there is causation between the above act of disposal and deception.

Therefore, the delivery of the above cash to the singishing staff by the defendant should be based on the crime of aiding and abetting fraud, not on larceny.

Nevertheless, the lower court erred by misapprehending the legal doctrine that found Defendant guilty of the larceny charges of this case, thereby adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment and confiscation) is too unreasonable.

2. Judgment on misapprehension of legal principles

A. In the relevant legal doctrine, a dispositive act is to intermediate and connect the final outcome of the defrauded’s mistake by deception and the acquisition of property or pecuniary gain by the actor, etc. in the middle, while the intrinsic characteristic of the acquisition of property by using the act of the victim, which is the intrinsic characteristic of the acquisition of property by mistake, and the division of larceny, which acquires property by means of seizure, rather than by the act of the victim.

Considering these roles and functions of a dispositive act, in cases where it is possible to evaluate that an actor, etc. has acquired property or property benefits through any act based on the intent of the defrauded, dispositive act in fraud is recognized.

In addition, in fraud against property, the act of disposal means that the victim transfers de facto control over the property to the offender by mistake. Thus, even if there was an act falling under the provision of the property in appearance, it is not possible to freely dispose of the property due to the actual control of the offender, but it is still under the control of the victim.