The defendant shall be innocent.

A. Since the misunderstanding of the facts and legal principles did not know that the money it delivered was the proceeds of the phishing crime, it is difficult to recognize the criminal intent of the Defendant or the conspiracy of the fraud.

Therefore, the judgment of the court below which convicted the charged facts of this case is erroneous by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The sentence sentenced by the lower court (one year of imprisonment, two years of suspended execution, and confiscation) is too unreasonable.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. The summary of the facts charged of the instant case [sharing of the role of the telephone financial fraud organization and the details of the public offering] Generally, the telephone financial fraud organization (one name “Sscam”) is an organization that, by deceiving many and unspecified persons by means of personal information leakage, criminal case litigation, etc. while misrepresenting them with the investigative agency, the Financial Supervisory Service, etc., and by deceiving them, by means of personal information leakage, criminal case litigation, etc., and by inducing victims to withdraw deposits, installment savings, etc., it is an organization that

In particular, in the case of the face-to-face telephone financing fraud organization that collects money directly face-to-face and collects money from the victims by pretending to the employees of the Financial Supervisory Service (from October 2015 to withdraw money deposited in the face-to-facebook as the system of delayed withdrawal was implemented, it is difficult to withdraw money deposited in the face-to-facebook by withdrawing it by the face-to-face card. As such, it appears to be a new type of fraud because it is difficult to commit the crime of phishing fraud), the organization is in charge of organic contact among the braille organizations, and is in charge of overall contact among the organization, and is in charge of overall contact among the servers of China and other countries, and the " call center" that collects money directly from the victims at the scene of the crime, the "collection book" that collects money directly by face-to-face and collects money from the victims to the collection book, and then transfers money to the victims abroad such as China. It is compared to the investigation agency's tracking and arresting investigation agencies.