The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Error of facts or misapprehension of legal principles on the grounds of appeal (the defendant did not have the intention of conspiracy to take part in the crime of Bophishing and the crime of deception) and unfair sentencing

3. The judgment of this Court

A. 1) Determination of the assertion of misunderstanding of facts or misapprehension of legal principles is not required under the law, and there is a combination of two or more co-offenders who intend to jointly process and realize crimes. In the event of a conspiracy with intent to do so in a successive or implicit manner, if the conspiracy is established, the conspiracy relationship is established, and even those who did not directly participate in the act of implementation should be held criminal liability as co-principal against the other co-offenders. Therefore, even if the conspiracy of fraud did not specifically know the method of deception, the conspiracy cannot be denied (see, e.g., Supreme Court Decisions 97Do1706, Sept. 12, 1997; 2013Do5080, Aug. 23, 2013).

Therefore, the defendant's argument disputing this cannot be accepted.

① On October 30, 2013, the Defendant, at the request of “C”, opened an account under his/her name, delivered data from which he/she can withdraw money from the said account to “C”, and withdrawn money transferred from the crime of Bophishing from November 4, 2013 with the card in the name of a large number of others, and then withdrawn it from the said account.