A. In order to obtain a loan, Defendant B only withdrawn the money deposited in his account according to the direction of the employees of the lending company and delivered it to Defendant A at the time of the instant case, Defendant A et al. committed the singishing fraud.

Since he did not know at all the circumstances that he was involved in the process, Defendant B’s act stated in the facts charged does not constitute a crime of aiding and abetting fraud.

B. As to the sentence of unfair sentencing (Defendant A: 2 years of imprisonment, Defendant B: 10 months of imprisonment) by the lower court, the Defendants asserted that the sentence is too unreasonable, and the prosecutor argues that the sentence is too unreasonable.

2. Judgment on Defendant B’s assertion of mistake of facts

A. The summary of the facts charged acknowledged that Defendant B’s instruction by the nameless winners falls under the role of the withdrawal of the crime of Bophishing in order to assist the crime of Bophishing by Defendant A and the nameless winners, etc., but on February 22, 2019, around 14:51, Defendant B withdrawn KRW 12 million deposited into the account in the name of Defendant B by check at the J-K branch of Gangseo-gu Seoul Metropolitan Government, according to the order of the above nameless winners, and continuously exchanged KRW 12 million deposited in the account in the name of Defendant B with KRW 50,000 and KRW 15:20 on the same day.

As a result, Defendant B aided and abetted the criminal act of singing, such as Defendant A and a person without a name.

B. The act of aiding and abetting under the Criminal Act refers to the act of direct or indirect that facilitates the principal offender's act with the knowledge that the principal offender is committing the crime. Therefore, the so-called aiding and abetting and aiding and abetting the principal offender's act constitutes the act of aiding and abetting and the principal offender's act.