A. The Defendant did not commit the instant crime in collusion with the phishing organization. The Defendant did not commit the instant crime.

It was simply exchanged once by the request of friendly relations.

Since D took part in the crime of defraudation after receiving money from victims, the defendant cannot be the accomplice of the crime of defraudation by mistake in the follow-up act.

B. The punishment sentenced by the lower court (three years of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts and legal principles, the Defendant denied that he/she constitutes a joint principal offender by misunderstanding of facts and aiding and abetting with dolus negligence in the lower judgment, but at the same time, the Defendant denied the preemptive relationship and asserts not guilty.

The court below held that the crime of Bosing, like this case, is an organized crime with various stages of organization, including a person who plans and instructs a whole crime, such as a person who plans and instructs a crime, and takes part in the role in intelligence. Since each of the above stages of organization is committed in the form of implicit or successive public offering, it is reasonable to view that each of the co-offender is responsible for the crime of Bosing as a joint principal offender. ② Since the crime of Bosing is closely connected with each of the above, since the co-offenders in charge of the above roles are completed, the success in the crime cannot be expected unless a certain role is performed, the defendant is in fact unable to expect the success of the Financial Supervisory Service. In fact, the defendant assumes the victim's account by misrepresenting the victim through a telephone communication, misrepresenting its staff and receiving cash from the victim, and then withdrawing money from the person living in China by receiving cash from D and delivering money from the person living in China by means of money exchange, etc. from the person living in China.