The prosecutor's appeal is dismissed.

1. In full view of the gist of the grounds for appeal (misunderstanding of the facts and legal principles) and the circumstances after the commission of the instant crime, it can be sufficiently recognized that the Defendant had dolusent intent to commit and aiding and abetting the instant Bophishing organization’s fraud.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby acquitted the instant facts charged.

2. Determination

A. The summary of the facts charged in the instant case is that the Defendant: (a) misrepresented a financial institution by phone calls from many unspecified victims; and (b) had the victim wired money to the Defendant’s account; and (c) had the victim take place with the intent to assist and abetting the Defendant to commit the commission of the phishing organization’s fraud by withdrawing money from the money to the Defendant’s account.

At around 14:00 on January 26, 2016, 2016, the employee of the Singishing service called “the telephone number of the debt repayment department is to be known because there is goods changing high interest rates into low interest rates.” On the other hand, the employee of the Singishing service assumes the employee E of the debt repayment department, and the victim assumes the existing loan 12 million won first due to credit rating, and the victim makes repayment of the existing loan 12 million won.

A false statement was made that the virtual account was opened in the Saemaul Treasury, which should be deposited in 12 million won.

However, despite the receipt of money from the damaged party, the singishing operations did not intend to convert the victim's high interest rate loan into a low interest rate loan.

On January 26, 2016, 2016, 12 million won was transferred to the Saemaul Treasury Account (Account Number:F) in the name of the defendant around 14:04, from the person who deceivings the victim, and who is deceiving the victim.

The Defendant, upon receiving instructions from the wounded in order to assist the staff in committing the crime of fraud, around January 26, 2016.