The remainder, excluding the rejection of an application for compensation order, shall be reversed.

The defendant shall be sentenced to one year of imprisonment.

A. During the crime period of the instant charges by mistake of fact, the period during which the Defendant left the way to commit the instant charges and was in North Korea, included, and the Defendant participated in the instant crime during such period.

shall not be deemed to exist.

Nevertheless, the court below sentenced the defendant guilty on the whole facts charged of this case, and there is an error of law by misunderstanding the facts and affecting the conclusion of the judgment.

B. Of the sentencing division, the sentence sentenced by the lower court (one year and eight months of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged in this case is as follows. The court below found the defendant guilty.

The telephone finance fraud group mainly purchases unspecified number of personal information overseas and provides it to the manager of the call center, and establishes the Internet telephone line of the call center office to be used for committing the crime, and develops and disseminate the web site of the fake public prosecutor's office, and collect financial information, such as the victim's account number, account number, password, transfer password, security card number, etc., by developing and distributing the web site of the call center, and collecting financial information, such as the victim's account number, account number, account password, transfer password, and security card number, and using the collected financial information as above, it is composed of a program development plan, general book, etc. in charge of soliciting the circulation passbook in Korea under the direction of transferring the amount stored in the bank account of the victims to the large account. If the damage amount is deposited into the large passbook, it is composed of cash withdrawal measures in charge of withdrawing cash from each bank ATM.

Defendant and E, F, G, H, I, J, K, L, M, M,O, P, Q, and R are to acquire 7-8% of the money obtained by acquiring the money as a member of the telephone call center, and to many and unspecified victims in Korea.