A defendant shall be punished by imprisonment for one year.

However, for three years from the date this judgment becomes final and conclusive.

A. Since the Defendant did not recognize or anticipate that I, a principal offender, was prevented from committing fraud against the victim, the crime of aiding and abetting fraud is not established.

B. The lower court’s sentence of unreasonable sentencing (one year and two months of imprisonment) is too unreasonable.

2. Determination

A. In the lower court’s judgment as to the assertion of mistake of fact, the Defendant asserted the same as in the trial court, and the lower court, based on the evidence duly adopted and investigated, found the Defendant guilty of this part of the facts charged.

Examining the above judgment of the court below after comparing it with the records, the judgment of the court below is just, and there is no error of law that affected the conclusion of the judgment by misunderstanding facts as alleged by the defendant in the judgment below.

B. In full view of the arguments of this case and the reasons for sentencing indicated in the records, including the fact that the defendant was sentenced to imprisonment with prison labor for the same type of fraud crime, and that the liability for the crime is not less severe in light of the means of crime and the amount of fraud, etc., but the court below paid the victim KRW 50 million for the first time in the trial and agreed with the victim in full, the sentence imposed by the court below is unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is the same as that of each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(2) and (1) of the Criminal Act, Articles 347(1) and 32(1) of the Criminal Act, the choice of punishment for a crime, and Articles 347(1) and 32(1) of the Criminal Act;