The prosecutor's appeal is dismissed.

1. A summary of the prosecutor’s grounds of appeal reveals that at the time when the defendant offered an account number or attempted to withdraw cash, the defendant was aware that he/she aids and abets the criminal defendant to commit a Bosing fraud, and that the defendant failed to withdraw cash.

The court below found the defendant not guilty of the facts charged in this case, although it cannot be assessed as the so-called "unsatisfy assistance". Thus, the court below erred by misunderstanding facts or misunderstanding of legal principles.

2. Determination

A. On June 2, 2017, the summary of the facts charged in the instant case was presented to the Defendant that he would withdraw and deliver the money deposited in the Defendant’s account from the nameless person who planned to commit the phishing crime to the Defendant’s account at a closed place, and attempted to commit the commission of the crime of the nameless noble person, and notified the Defendant of the company bank account (C) in the name of the Defendant to the nameless person.

On May 29, 2017, at around 16:30 on May 29, 2017, the name-free person called the victim D (n, 54 years of age) by misrepresenting the customer bank E to verify whether he/she has the ability to repay the loan. Thus, after obtaining a credit card loan, he/she made a false statement to the effect that he/she would open a Maspbook with the limit of KRW 25 million on the basis of the credit card loan immediately after making a repayment. On June 5, 2017, he/she notified the above corporate bank account in the name of the defendant with the account to repay the loan.

However, in fact, the above person was not an employee of the National Bank, and when the victim transferred money to the account under the name of the defendant, he/she was thought to withdraw it and use it in the Bosishing organization.

Nevertheless, on June 5, 2017, the above person who was dissatisfyed by deceiving the victim as above and transferred KRW 16.5 million to the above company bank account under the name of the defendant around 13:52 on June 5, 2017 from the victim, and the defendant was ordered by the name unsatisfyer, as the name unsatisfy in Busan Dong-gu around 13:5 on the same day.