The defendant is innocent. The summary of this judgment shall be notified publicly.

1. The Defendant, around 12:37 June 2, 2015, withdrawn KRW 20,000,000, which was remitted to the account under the name of the Defendant’s single bank (D) by deceiving the victim, at the pressure stop point of one bank located in the Dongdaemun-gu Seoul, Gangnam-gu, Seoul, the Defendant released the amount of KRW 20,000,00,000, from one bank account under the name of the Defendant, and gave the said amount to the other accomplices E.

As a result, the Defendant: (a) made it easy for the Defendant to acquire the amount of damage by deceiving the victim and withdrawing the money transferred from the victim to the account in the name of the Defendant to the account in the name of the Defendant; and (b) aided and abetted the Defendant’s act of fraud and the said E, by delivering it to the said E.

2. Determination

A. According to the evidence adopted and examined by this court, the Defendant is recognized as having withdrawn KRW 20 million from the victim C of the Bophishing crime to the Defendant’s account, as stated in the judgment, and delivered it to E.

B. However, inasmuch as aiding and abetting under the Criminal Act refers to direct and indirect acts that facilitate the commission of a principal offender with the knowledge of the fact that the principal offender is committing the crime, the so-called aiding and abetting the principal offender’s commission of the principal offender and the principal offender’s commission of the principal offender’s commission of the act constitutes the elements of the crime (see, e.g., Supreme Court Decision 2012Do2628, Jun. 28, 2012). In full view of the following circumstances acknowledged by the evidence adopted and investigated by the court, it is insufficient to recognize that the evidence submitted by the prosecutor alone was insufficient to recognize that the Defendant, at the time of the instant case, could have known that his act would be below the purpose of committing the singing fraud.

1. The instant Bophishing Fraud refers to the account holder of the account to deposit the amount of damage, the account holder of the account, and the account holder under the direction of the organization that gives instructions to the withdrawal of the amount of damage in Korea and to the books of gambling in China.