The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The lower court erred by misapprehending the legal doctrine on the charge of aiding and abetting the Defendants’ fraud, or by misapprehending the legal doctrine, even if the Defendants acknowledged the liability for aiding and abetting the fraud by transferring multiple passbookss, while recognizing that the Defendants would be used for the crime of aiding and abetting the fraud against the Defendants.

B. Each sentence of the lower court’s unfair sentencing (Defendant A: 6 months of imprisonment, 2 years of suspended sentence, 4 months of imprisonment and 2 years of suspended sentence) against the Defendants is deemed to be too uneasible and unfair.

2. Determination

A. According to the evidence duly adopted and examined by the lower court, the lower court deemed that the Defendants’ establishment and transfer of access media was used for the phishing crime, and even based on the Defendants’ statements, it appears that the above access media was used for a tort at the time of transfer of the access media. At the investigation stage, there is considerable doubt as to whether the Defendants were not aiding and abetting the phishing crime, such as the acquisition of access media by I and a large number of telephone calls were confirmed.

However, even according to the facts charged, the defendants transferred the above access medium directly or in succession to I, and I again reported to the person under whose name the defendant committed the crime of Bosing, etc., because I failed to secure I's statement during the investigation process of this case, it was not confirmed that I was used for the crime of Bosing the passbook through the communication and route with which I received the passbook and received the passbook. ② The defendants transferred the passbook to I, and ② there was no specific implementation of division of roles, such as withdrawing the amount of Bosing damage, or deceiving the victim, or soliciting participants. ③ The profits accrued to the defendants are also transferred from I in return for transfer of the passbook.