A. The Defendant did not have conspired with the Defendant to commit each of the instant crimes, and was unaware of the fact that the money deposited into the account under the Defendant’s name at the time of withdrawal of the instant case was damaged by the scam or scaming, and thus, the Defendant did not have any intention to commit each of the instant crimes.

Nevertheless, the judgment of the court below which found each of the crimes of this case guilty is erroneous and adversely affecting the conclusion of the judgment.

B. The sentence imposed by the lower court on the Defendant (ten months of imprisonment) is too unreasonable.

2. Determination

A. The defendant alleged that he is identical to the above assertion of misunderstanding of facts in the court below, and the court below rejected the above assertion in light of the evidence duly adopted and examined by the court below. Thus, the judgment of the court below is justified, and the above argument by the defendant is without merit.

B. Each of the instant crimes constitutes an intellectual fraud under the so-called “scam” or “scaming,” in which the Defendant, as a member of the criminal organization, wired money from the victims by phoneing to many and unspecified persons in Korea. In the case of such fraud crimes such as scaming, etc., even though the social and economic harm is serious, the crime is very organized and the arrest of the criminal is not easy. As such, it is highly necessary to prevent the recurrence of the transferred money by severely punishing the act of taking part in the withdrawal of the transferred money, and as such, it does not seem to have made any effort to recover the damage, as much as the extent of the damage is considerably significant. The fact that each of the instant crimes is not against the victim’s age, character and behavior, environment, motive, process, frequency, scale, degree of participation in the crime, degree of participation in the crime, and after the crime.