The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The gist of the grounds for appeal is as stated in the facts charged in this case, the Defendant aided and abetted the fraud of C by making a false report to the victim insurance company as if a traffic accident occurred while driving to C as stated in the instant facts charged.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

2. Determination

A. The summary of the facts charged in the instant case and the lower court’s determination are as follows: “The Defendant, in collusion with E on September 22, 2015, in the vicinity of the H Hospital located in E-si, Leecheon-si, in collusion, shall receive the accident that the Defendant, while driving a string of the said vehicle, was mistakenly driven by E while the Defendant was seated on the steering edge of the said vehicle, and the Defendant, the Defendant and E, who caused the traffic accident involving other vehicles by negligence, knowing that the said string vehicle is not the owner of the said vehicle, shall be driven by C, and the Defendant would be able to receive the insurance as if he was involved in the traffic accident while driving the vehicle while driving the vehicle, and the Defendant would be able to receive the accident that the Defendant driven by C, while driving the vehicle of the string E, which was driven by the owner of the said vehicle.

If premiums are later increased, it will be responsible for it.

“In doing so, the said C had the victim corporation receive KRW 7,406,370 from the Hyundai Sea to receive KRW 7,406,370 under the pretext of vehicle repair expenses, etc.

As to the facts charged of “”, the lower court found the Defendant guilty on the basis of the evidence presented by the lower court.

B. The aiding and abetting the deliberation of a party is an act of aiding and abetting the principal offender to commit a crime while being aware that the principal offender is committing the crime, and therefore, the principal offender must have the intention to assist and abetting the principal offender to commit the crime and the principal offender to the effect that the act of aiding and abetting and abetting the principal offender constitutes the elements of organization (Supreme Court Decision 86Do198 delivered on December 9, 198, etc.).