Part of the first judgment excluding compensation order and all of the second judgment shall be reversed.

Two years of imprisonment.

1. Summary of grounds for appeal;

A. As to the mistake of facts ① each fraud of the lower judgment, the Defendant was only aware of the Defendant’s conduct of collecting claims by S, and did not know that the Defendant committed the crime of Bophishing fraud. Therefore, the Defendant did not have any intention to commit fraud.

② As to the fabrication and uttering of private document in the first instance judgment, the Defendant did not know that the document stated in this part of the facts charged was forged, and thus did not have any intention to forge and display such private document.

B. The judgment of the court below on unreasonable sentencing (the first judgment of the court below: imprisonment of two years and six months, and the second judgment of the court below: imprisonment of six months) is too unreasonable.

2. The Defendant filed an appeal against the judgment of the court below, and the trial court decided to consolidate the above appeal cases.

However, since each crime of the judgment of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act, one punishment should be sentenced in accordance with Article 38(1) of the Criminal Act, the part of the judgment of the court of first instance excluding compensation order and the judgment of the court of second instance

However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of the court, even in the above reasons for ex officio destruction.

3. Judgment on the assertion of mistake of facts

A. Each of the lower courts argued to the same effect as to fraud. Each of the following circumstances, namely, ① the method of receiving a crime of Bosing, etc. widely known through the press, etc., and the Defendant, given that the Defendant was in close relation with Bosing and delivering the cash, can sufficiently be expected if the Defendant is a society with sound common sense, and ② the Defendant collected money from the victims without using a business store or account transfer and without confirming the exact amount from the street.