The part of the judgment of the court of first instance except for compensation order and the judgment of the court of second instance shall be reversed.

Defendant shall be punished by imprisonment.

misunderstanding the substance of the grounds for appeal and misunderstanding the legal principles, the Defendant was aware that he was engaged in the lending business, and did not know whether he was involved in the lending business, and thus, the Defendant conspireded with the phishing organization.

It can not be seen, and the liability for aiding and abetting fraud is recognized as if it facilitates the commission of the phishing organization.

Nevertheless, the lower court found the Defendant guilty of all the charges of this case by misunderstanding the facts or misapprehending the legal doctrine, deeming the Defendant as a joint principal offender in fraud.

The punishment of the lower court (the first instance court: the imprisonment of 3 years and 6 months, and the second instance court: the imprisonment of 6 months) is too unreasonable.

The grounds for appeal by authority shall be examined ex officio prior to the judgment.

The judgment of the court below 1 and 2 sentenced each of them, and all of the defendants filed an appeal, and this court decided to hold a joint hearing of the appeal cases.

Each of the crimes listed in the judgment of the court below Nos. 1 and 2 against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, each of the above judgment of the court below cannot be maintained.

However, even if there are such reasons for ex officio reversal, the defendant's assertion of mistake and misunderstanding of legal principles is still subject to the judgment of this court, and this is examined.

A joint principal offender under Article 30 of the Criminal Act in relation to the determination of the Defendant’s factual misunderstanding and misapprehension of the legal doctrine is jointly committing a crime by two or more persons. In order for a joint principal offender to be established, a joint principal offender requires the fact of implementation of a crime through functional control by a joint doctor, which is a subjective element, and a joint principal offender’s intent is to jointly engage in a specific criminal act and to shift his/her own intent by using another person’s act.