A. misunderstanding the facts and misapprehension of the legal doctrine, the Defendant only withdrawn and delivered money at the request of the person who is an employee of the specialized company granting the loan to obtain the loan without knowing that it is used for the “singing.”

Therefore, since the defendant did not recognize the fact that he was involved in the crime of Bosing “Sing”, the court below found the defendant guilty of the facts charged without the intention to aid and abetting fraud.

B. Sentencing (the sentence of the lower court: a fine of three million won)

2. Determination

A. As to the assertion of misunderstanding of facts and legal principles, aiding and abetting under the Criminal Act refers to the direct or indirect act that facilitates the commission of a principal offender with the knowledge that the principal offender is committing a crime. As such, aiding and abetting a principal offender should have the intention to commit the so-called aiding and abetting and aiding and abetting the principal offender and that the principal offender’s act constitutes an act that satisfies the requirements for

However, inasmuch as such intent is an in-depth fact, in a case where a defendant denies it, it is inevitable to prove indirect facts that have considerable relevance with an intention given the nature of an object. In such a case, there is no other method than reasonably determining the link of facts by using an in-depth observation or analysis power based on normal empirical rule.

In addition, the intention of the principal offender is not required to recognize the specific contents of the crime realized by the principal offender, but it is sufficient to dolusence or prediction.

2) Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the Defendant committed the crime under the recognition of at least the falsity of the person who was killed in the name of the deceased.