The judgment of the court below is reversed.

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

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

1. Summary of grounds for appeal;

A. misunderstanding of the facts or misapprehension of the legal doctrine, 1) The Defendant did not know that he was committing this fraud by A and B (hereinafter “A, etc.”) and did not create the appearance as if he was engaged in a mobile phone-related business by receiving a request from A, etc., and the Defendant did not have any intention to commit fraud. Therefore, the crime of aiding and abetting fraud is not established.

2) In addition, since the Defendant had attempted A, etc. to commit the crime of fraud by the previous A, etc. at the end of December 2013, it cannot be recognized that the crime of aiding and abetting A, etc. was committed.

3) A. B. A. on December 17, 2013, the victim M (hereinafter “victim”) was urged by A, etc. to receive 384 million won from the victim, and thereafter, the victim did not engage in money transactions with A, etc. to recover the above amount, which is the existing loan, from February 20, 2014, and therefore there is no additional damage for the victim.

B. The sentence of sentence by the lower court (two years of suspended sentence for one year of imprisonment) is too unreasonable.

2. Determination

A. The summary of the facts charged in the instant case is a person who operates a pawned one’s trade name called “J pawnpo” as referred to in Article 211 of the Ulsan-gu International Apartment Building Building Building 21, and the Defendant is a person who operates a mobile phone sales store of “L” located in Ulsan-gu K, Ulsan-gu, and the victim is a person who operates a mutually borrowed business with “N” as referred to in Article 210 of the Ulsan-gu International Apartment Building Building Building 210.

1) From March 2013, A et al. received a loan from the injured party 7-8 times more than 7-8 times, and then repaid the principal and interest at the due date, and accumulated trust with the injured party. A et al. also used it to export the mobile phone to the injured party by receiving the mobile phone from the customers who opened the mobile phone service from the customers who opened the mobile phone service. The amount of income equivalent to 6-120,000 won per mobile phone can be raised.