A. The lower court found the Defendant not guilty of each of the charges listed in the No. 3 through 8 of the crime sight table in the holding of the lower judgment, on the ground that the Defendant retired from the public contest after the discontinuance of the crime of Bosing from April 13, 2015.

However, the defendant continued to serve as a general book B even after committing the crime of the Sucheon Call Center, and it cannot be viewed that he left the public contest relationship because he served as a simple fence or more.

Therefore, the judgment of the court below which acquitted this part of the facts charged is erroneous in the misapprehension of legal principles as to joint principal offenders, which affected the conclusion of the judgment.

B. The lower court’s imprisonment (eight months of imprisonment) against the Defendant is too unjustifiable and unfair.

2. Determination

A. Determination on the misunderstanding of facts and misapprehension of legal principles 1) The summary of this part of the facts charged is as follows: (a) the Defendant conspireds with the employees of Bosing, including B, D, and E, to enter the information or order into the data processing device, such as computer, etc. for the purpose of telecommunications-based financial fraud; (b) from April 13, 2015 to September 3, 2015, as shown in the table of crime Nos. 3 through 8 in the judgment of the court below, the victims enter the Internet banking ID and password, etc.; and (c) the victims return money to the victims upon confirmation of normal transaction of passbook by sending money known to them.” (d) The lower court did not err by misapprehending the legal principles that caused the victims to transfer money to the victims as total amount of KRW 62,848,00,00 from six victims; and (e) the Defendant and Qsing Center to enter them into the information or order in the data processing device, including computer, etc.; and (e) the Defendant and Qsing Center, the Defendant and Qt Center, together with the call center.