The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for six months.

except that this judgment.

1. The summary of the grounds for appeal was intentional to assist and abetting telephone financing fraud.

2. On September 5, 2016, an employee who is in charge of telephone financing fraud committed under the name of the summary of the facts charged assumes the identity of the investigating agency to the victim C at a closed place and call the phone account was used for a crime.

The term “transfer of money in the account to the account of the personnel in charge of the financial transaction source” was falsely referred to as the “transfer of money in the account to the account to keep the balance in a safe way,” and such money was transferred from the victim to the Defendant’s Nonghyup Bank account (D) around 12:54 on the same day.

The Defendant: (a) deposited KRW 16.5 million from the Defendant’s account in cash and check around September 5, 2016 in order to assist the said member to commit the said fraud; and (b) deposited KRW 7.5 million from the Defendant’s account in cash at the Sungdong branch in Seongdong-gu, Seoul, in order to assist the said member to commit the said fraud; (c) deposited KRW 9 million from the Defendant’s account in cash and check; (d) deposited KRW 7.5 million from the Defendant’s account in cash; and (e) deposited KRW 7.5 million from the Defendant’s account in cash to the Nonindicted Bank in Jungdong-gu, Seoul; and (e) 14:04 on the same day, the Defendant assisted the Defendant to commit the act of fraud by facilitating the use of the check to the Nonindicted Bank in cash by the Nonindicted Bank in Jungdong-gu, Seoul.

3. The lower court’s determination is insufficient to recognize that the evidence presented by the prosecutor alone proves that the Defendant was suspected of committing telephone financing fraud, and that the Defendant went to the act of withdrawal and delivery of cash.

On the other hand, the defendant was acquitted.

4. The act of aiding and abetting a principal offender under the Criminal Act is a direct or indirect act that facilitates the principal offender to commit a crime. As such, the intent of aiding and abetting a principal offender to commit a crime and the intention of the principal offender to the effect that the act constitutes an act that satisfies the requirements for the composition of the principal offender.