A. Since the Defendant did not know at all that his act was used for the crime of fraud of a person who did not receive his name at the time of purchasing merchandise coupons with the money deposited in his account and delivering it to the person who did not know of the fact, there was no intention of aiding and abetting fraud.

Nevertheless, the court below found the defendant guilty of this part of the facts charged. The court below erred in misunderstanding of facts.

B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. 1) On September 2, 2019, the summary of this part of the facts charged was presented by the Defendant to the effect that “low interest is possible to lend money. However, it is possible to grant a loan by increasing transaction performance. If money is deposited into the account in the name of the Defendant, it shall be possible to purchase gift certificates and deliver them to the sender of the company.” After consenting to this, the Defendant notified the above named person of the account number (E) in the name of the Defendant.

On September 5, 2019, the name-free person made a false statement that “G bank H member. It is possible to grant a loan to the victim F at the lowest interest rate of 3% higher than the credit rating, even if part of the existing loan is repaid.”

However, the above-mentioned person was not an employee of the financial institution, there was no intention to use the loan in repayment even if he received money from the victim, and there was no intention or ability to make the loan to the victim at a low interest rate.

In light of the above, the above person under whose name the victim deceivings the victim, and was remitted KRW 46 million to the above D account under the name of the defendant on the same day, and the defendant knew that the above person under whose name the above was the person under whose name the defendant was the person under whose name the defendant committed the so-called phishing crime, the above person under whose name the defendant was aware that he was the person under whose name the above 46 million won was the person under whose name the above 4.6 million won was the same day, shall transfer the amount of KRW 45 million to the account in the name of the