Of them, the part against Defendant C shall be reversed.

Defendant

C A person shall be punished by imprisonment for not more than ten months.

except that this judgment.

A. Each sentence of the lower court against Defendant A and B (Defendant A: 1 year of imprisonment, confiscation, and Defendant B: 6 months of imprisonment) is too unreasonable.

B. Prosecutor 1) Fact-misunderstanding (Defendant C) was aware that the money withdrawn and remitted by Defendant C was the money acquired through a crime, such as fraud, and even if being aware of such circumstances, Defendant C conspired with other accomplices in order to take charge of the liability for withdrawal and remittance of the funds in Bosing crimes such as this case, and can be acknowledged that Defendant C committed a functional control by a joint processing intent as a principal offender.

Nevertheless, the lower court erred by misapprehending the facts charged against Defendant C, thereby adversely affecting the conclusion of the judgment.

2) The lower court’s respective sentences against Defendant A, A, and B are too unhued and unfair.

2. Determination

A. On July 2009, the Prosecutor’s assertion of mistake of the facts as to Defendant C, the summary of the facts charged as to Defendant C was the Chinese national who entered the Republic of Korea around July 2009, and on May 20, 2015, the Defendant took part in the act of taking part in the so-called “measures to withdraw” from the Non-persons (N: “N”) of an employee of telecommunications fraud assistance in China’s telecommunications fraud, located in China.

The participatory telecommunications fraud organization of the Defendant is a criminal organization that carries out the crime of unauthorized transfer of the amount of damage from the personal information necessary for electronic financial transactions to the so-called “large passbook” account prepared by using the information by installing a malicious program against many unspecified people or inducing them to a fake website, and then withdraws and acquiring the amount of damage. In most cases, personal information is personal information through the installation of a malicious program, etc. under the lead of the person who manages the overall crime in China.