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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the period of two years from the date this judgment becomes final and conclusive.
Reasons
1. According to the evidence submitted by the prosecutor, the court below found the defendant not guilty of the charged facts of this case even though the defendant could have failed to assist in fraud.
2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.
According to the records, the prosecutor shall use the name of the crime in the court below for aiding and abetting fraud by using computers, etc., and send the applicable legal provision "Article 347 (1), 347 (1), and 32 (1) of the Criminal Act" to "Article 347-2, 347 (1), 32 (1), 37, and 38 of the Criminal Act," and "Article 38 of the Criminal Act," while the facts charged are 3 to 7, the prosecutor shall make loans at the interest rate of 3.5% per annum, so that he/she may obtain the maximum loan with credit standing.
In other words, on July 28, 2016, the victim sent KRW 30 million to the Defendant’s Saemaul Treasury account at around 10:00, and on the same day, the victim’s continuous phone called to the victim E (30,000 won) to the same purport. “On the other hand, the victim may borrow KRW 30 million at a low interest rate of 2.9% per annum and exchange to 75,000,000 won. On the other hand, for the performance of the loan, the victim’s personal information and security card number are notified to the Plaintiff for the subscription to and transfer to the members of the M&C Center, and then the victim’s security card and certification number is identified, and then the victim’s loaned KRW 30,000 by entering it on July 28, 2016 to the victim E (300,000,0000,000) and continuously transfer the loan to the Defendant E-14,500,000 won per annum.
In other words, in the facts charged from 17 to 21, “A person who is not aware of his name thereby belongs to the victim D and the victim E, thereby inducing the above victims to remit the amount of damage to the defendant’s above account, and the defendant shall do so. The above person shall do so.