The defendant's appeal is dismissed.

All the costs of the original judgment and the trial shall be borne by the defendant.

1. Summary of grounds for appeal;

A. The Defendant, who is the father of the Defendant, is merely the nominal owner in the form of the business registration of the cream bank operated by the Defendant’s father, and was not involved in the operation of the cream bank of this case. The Defendant did not manipulate the details of the cream bank of this case or falsely notify the victim F (hereinafter “victim”) of the daily sales of the cream bank of this case at least KRW 300,000,00,000. Thus, the Defendant did not participate in the cream bank of this case.

Nevertheless, the court below recognized that the defendant, based on the statements of the victim without credibility, conspired with E as stated in the judgment of the court below, by deceiving the victim. Thus, the court below erred by misapprehending the facts against the rules of evidence and thereby affecting the conclusion of the judgment

B. In light of the fact that the defendant was not operated independently, but operated under the supervision of E, his father, and the defendant was not guilty, the punishment imposed by the court below (three million won of fine) is unreasonable.

2. Determination

A. (1) In the case of a co-offender relationship that two or more persons conspired to commit a crime, the conspiracy does not legally require a certain type of punishment, but is sufficient if there is an implied communication on the joint commission of the crime directly or indirectly between the accomplices, and even if there is no direct evidence, it can be acknowledged by the circumstantial facts and empirical rules.

(2) In full view of the evidence duly adopted and examined by the lower court, the following circumstances can be acknowledged. (3) In full view of the following circumstances, the evidence duly adopted and examined by the lower court is acknowledged. (4)

(A) The victim entered into an underwriting agreement with the victim to the original trial, and received the premium from the victim.