A. misunderstanding of facts or misunderstanding of legal principles as to the establishment of a joint principal offense of fraud 1) The Defendant only received certain benefits from C, and there was no conspiracy to commit fraud or commission of an essential act. In addition, upon the completion of a victim’s remittance, the defrauded committed the act of deception, and the Defendant was involved in the crime thereafter. Therefore, the Defendant is not a joint principal offender of fraud, but a joint principal offender of fraud. 2) As to the establishment of a joint principal offense of the crime of violating the Electronic Financial Transactions Act, the Defendant was unaware of how the physical card, etc. used for withdrawal of cash was collected before being arrested and investigated.

In addition, the person who received the C and BV card from the office of solicitation of the passbook from the telephone financial fraud group through the Kwikset service was the person, and the defendant did not receive the C and BV card from the office of solicitation of the passbook through Kwikset.

Therefore, the Defendant is not a joint principal offender of the Electronic Financial Transactions Act.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment, confiscation) is too unreasonable.

2. Determination

A. 1) Determination as to the assertion of mistake of facts or misapprehension of the legal principles is that two or more persons jointly commit a crime, and thus the intent of joint processing by an actor is a subjective element. However, the intent of joint processing is the recognition of joint processing in order to shift one’s own intent to one another to one another for a specific criminal act, and the intent of joint processing is both common sense and common sense, and it does not necessarily require any conspiracy in advance (see, e.g., Supreme Court Decision 2004Do4437, Oct. 28, 2004). 2) In relation to fraud, the following circumstances acknowledged by the evidence duly adopted by the court below and examined by the court below.