1. The judgment below is reversed.

2. The defendant shall be punished by a fine of KRW 1,500,000.

3. The above fine shall be imposed on the defendant.

1. Summary of grounds for appeal;

A. Since the Defendant was unaware of the fact that E sent an advertisement text message on an illegal gambling site, there was no intention to assist the Defendant.

In addition, the defendant provided the letter delivery system to E and did not specifically intervene in the process of sending letters, so there is no aiding and abetting act.

B. The sentence imposed by the lower court on the Defendant (three million won of a fine) is too unreasonable.

2. Determination

A. (1) As to the assertion of mistake of facts, an act of aiding and abetting under the Criminal Act refers to all direct and indirect acts that facilitate the commission of a principal offender while knowing the fact that the principal offender is committing the crime. The so-called aiding and abetting that the principal offender is aiding and abetting the commission of the principal offender and the principal offender’s act constitutes an act that constitutes the elements of a crime. However, since such intent is in fact, if the principal offender denies it, it is bound to prove indirect facts that have considerable relevance to the principal offender in light of the nature of the object, and there is no other way to reasonably determine the connection of the fact by using the detailed observation or analysis power based on normal empirical rule. In addition, it is sufficient that the principal offender’s intent in the aiding and abetting crime does not require the awareness of the details of the crime realized by the principal offender, but it is sufficient to have dolusence or predictability.

(See Supreme Court en banc Decision 96Do377 Decided April 17, 1997, 2002Do995 Decided June 24, 2004, 2003Do6056 Decided April 29, 2005, and 2010Do9500 Decided December 8, 201, etc.). (2) In light of the above legal principles, the health unit of this case was duly adopted and examined by the court below, and the following circumstances, namely, E, the evidence duly adopted and examined by the court below.