The defendant's appeal is dismissed.

Summary of Reasons for appeal

A. In fact, the defendant knew that A demanded funds from the victims, and only stated that on April 14, 2008, the victims were plans to build a golf practice center outside the clan and there was no conspiracy with A to commit the crime of fraud or participation in the crime of fraud. The court below found the defendant guilty of the facts charged in this case. Thus, the court below erred by misapprehending the legal principles.

B. The sentence of the lower court (one year and six months of imprisonment and two years of suspended execution) against the illegal defendant in sentencing is too unreasonable.

Judgment

A. 1) In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the lower court determined that the Defendant conspired with A to induce victims, thereby sufficiently recognizing the fact of deceiving victims of KRW 200 million from the victims.

In view of the facts charged of this case, the charges of this case were convicted.

① The reason why the victims was going to Seoul on April 14, 2008 was that Defendant B was finally confirmed through Defendant B who had an executive officer of a clan at the time of the payment of waterway funds prior to whether the explanation about the right to work, etc. was true. However, if Defendant B only talks about the above amount, the victims did not have to provide the money amounting to KRW 200 million for the purpose of street funds.

② Rather, the victims paid KRW 200 million on the following day after Defendant B met.

③ On November 21, 2008, Defendant B signed a letter of performance to return money received at the request of the victims as above. If Defendant B did not participate in the Defendant A’s fraudulent act at all and provided such explanation, there is no reason to sign a letter of performance of the above payment (the defense counsel of Defendant B).