The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

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

B. In full view of the Defendant’s statement concerning the instant crime (as to the portion of the crime without fault), the Defendant’s records that he was investigated by singing, etc., the Defendant’s knowledge of the Defendant’s Bosing crime, and the circumstances of the instant crime, etc., the Defendant was aware of the Defendant’s withdrawal of the amount as a result of the singishing crime.

Although it is reasonable to see this different premise, the judgment of the court below which acquitted this part of the facts charged is erroneous in the misapprehension of facts and affected the conclusion of the judgment.

2) The sentence sentenced by the lower court against the Defendant is too unhued and unreasonable.

2. Determination as to the prosecutor's assertion of mistake of facts

A. According to the public offering written out in the facts constituting the facts constituting the offense in the judgment below, the employee in charge of phishing in China was used in 45 million won as the bank account was opened in the name of the party due to the fraudulent use of the name, and the employee in charge of phishing in China by call to the victim I on August 4, 2015.

If there is no connection with the instant case, the complaint is prepared and sent by e-mail. In order to protect the personal account, the OTP number is required to be known to the extent it is necessary to protect the personal account," and the password of the national bank account (J) and the OTP number, etc. identified from the damaged person, were input into the data processing device, such as a computer, and deposited into the said national bank account.

42 million won was transferred to the Agricultural Cooperative (L) account in the name of the defendant's wife.

On August 4, 2015, the Defendant received an instruction from the total account withdrawals, and deposited 42 million won in the account in the name of the said K at the Dosan-ro, U.S. 46 Nam-ro, U.S., U.S. Madon-ro, U.S., U.S., U.S., the Defendant withdrawn 42 million won in cash from the said account at the Dosan-ro, U.S., U.S., U.S. Ra, and then was in the vicinity thereof.