A defendant shall be punished by imprisonment for three years.

A. 1) there is insufficient evidence that the entire amount of KRW 3.7 billion deposited into a financial account under the name of the Defendant is obtained through deception due to the crime of Bophishing. 2) The Defendant did not have conspired to commit or participated in the crime of Bophishing, and there was no awareness or intent to commit fraud.

3 Bosing crimes have already been completed upon deposit of the money by defraudation in the passbook, and the Defendant withdrawn the crime after the commission of the crime and deposited it into the financial account in the name of the Defendant. Thus, it cannot be deemed that he participated in the Bosing crime.

B. The lower court’s four-year sentence of imprisonment imposed on the Defendant is too unreasonable.

2. Determination

A. 1) In a case where two or more legal principles applied to the misunderstanding of facts and misapprehension of legal principles are co-offenders who jointly process a crime, the conspiracy does not require any legal punishment, but is only a combination of intent to realize a crime through the joint processing of a crime by two or more persons. In a case where the combination of intent is made in order or impliedly through the conspiracy, the conspiracy relationship is established, and even those who do not directly participate in the act of the crime, are criminal liability as co-principal against the other co-offenders. Therefore, even if the conspiracy of fraud did not specifically know the method of deception, the conspiracy relationship cannot be denied (see Supreme Court Decision 2013Do5080, Aug. 23, 2013). In addition, where the possibility of the occurrence of the crime is expressed as uncertain and the defendant denies it with the conspiracy, the subjective element of the crime is considerably related to the crime of fraud.