A. Defendant (1) was aware that the Defendant was engaged in the loan business, and did not know whether the Defendant was phishing. As such, the Defendant did not have any intention to commit fraud.

(2) The lower court’s unfair sentencing (one year and eight months of imprisonment, confiscation) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court’s duly adopted and investigated evidence regarding the Defendant’s assertion of mistake of facts, namely, ① the Defendant transferred money from the end of June 2018 to the account directed by D, etc. after receiving a total of KRW 490 million through KRW 510 million from Busan, Ulsan, Gwangju, Government, and Suwon. The first time was known to the Defendant, but the Defendant was unaware of the first time, and the Defendant was aware of the fact that she was paid her money (Evidence No. 419 of the evidence record) around July 3, 2018; ② the Defendant transferred money from F to the account directed by D with cash by using the name and resident registration number of another; ③ the Defendant removed the contents of D’s conversation with D’s instructions before being arrested; ③ the Defendant was aware of the fact that she was working at the Defendant’s bank’s name and she was working at the Financial Support Center, and then withdrawn the money from the Defendant’s account (Evidence No. 2).

Therefore, the judgment of the court below which found the defendant guilty is just, and there is no error of law by misunderstanding the facts as alleged by the defendant, and the above assertion by the defendant is without merit.

(b) the defendant and the prosecutor;