The defendant's appeal is dismissed.

1. Of the facts charged in this case, the lower court found the Defendant not guilty on each of the frauds as to the Nos. 1 through 12 of the crimes committed in the judgment of the lower court, and found the Defendant guilty on each of the frauds as to the Nos. 13 of the crime list, which is the remainder of the facts charged.

With respect to this, only the defendant appealed the part of the conviction, and the prosecutor did not appeal the part of the acquittal for the above reasons. In the case of the acquittal for the above reasons, although the defendant was found guilty due to an indivisible principle of appeal, it is not possible to determine whether the defendant was guilty or not, since he was exempted from the object of the attack and defense between the parties, and was in fact relieved from the object of the attack and defense, and the judgment cannot be made up to that part (see, e.g., Supreme Court Decision 2009Do12934, Jan. 14, 2010). The decision of the court below regarding the part of the acquittal for the above reasons is to follow the conclusion of the judgment below

2. Summary of reasons for appeal;

A. The Defendant was unaware of the fact that the passbook, card, etc. connected to the financial account under the name of the Defendant was used for the phishing crime upon the request of friendly job offering C. The Defendant did not know that the above financial account, etc. was used for the phishing crime.

Nevertheless, the judgment of the court below which found this part of the facts charged guilty is erroneous by misunderstanding facts and affecting the conclusion of the judgment.

B. The four-month sentence of imprisonment sentenced by the lower court is too unreasonable.

3. Determination

A. The lower court, based on the evidence duly admitted and investigated by the lower court, received approximately KRW 16,20,000 from the victim K to the Defendant’s bank account (E) in the Daegu District Court 2016 order 3592 case, namely, the Defendant, “The Defendant conspired with C, and attempted to keep a part of the conditions from July 30, 2015 to July 31, 2015,” and acquired KRW 16,20,00 from the victim K to the Defendant’s bank account.