The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles did not conduct any act such as making counseling with victims and managing computer systems or assisting the payment of dividends.

On the other hand, the defendant is a de facto spouse of D in a de facto marriage, to the extent that he turns out or simply turns out in his office for D, and such an act is not an aiding and abetting act necessary for the establishment of a crime of aiding and abetting fraud.

Nevertheless, the judgment of the court below which found the defendant guilty of aiding and abetting fraud is erroneous in the misunderstanding of facts and legal principles.

B. The sentence sentenced by the lower court (ten months of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court as to the assertion of misunderstanding of facts and legal doctrine, the Defendant is sufficiently recognized as aiding and abetting the commission of fraud, such as D.

Therefore, we cannot accept the Defendant’s assertion of mistake and misapprehension of legal principles.

① D is a person who designs the distribution system of the instant association and takes charge of the overall management of computers and funds, and actually takes charge of the instant crime.

② The Defendant, at the instant association, was in the position of a managing director or a general director, and received KRW 3 million as monthly salary from the instant association during the period when D was committing fraud.

In addition, the Defendant was subscribed to the National Pension Service with the place of business of the instant association, and used the corporate card of the instant association.

(3) In the police investigation, the Defendant was engaged in the management of employees and the custody of goods, etc., and was engaged in the police investigation in order to what extent the officer needs.

The prosecutor stated that he had made a statement, and that he had a meta when he gets off D in the prosecution investigation, and that he had a role to transfer D to D.

was stated.

It is necessary to deliver duties to the employees or D, and to deliver duties to the executive officers.