The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for one year and two months.

Each cash card that has been seized.

1. Summary of grounds for appeal;

A. The Defendants merely withdrawn cash from the account in which money is deposited from the name E, which is the cause of the organization of the Bophishing crime, and withdrawn and remitted cash accordingly, upon the request of a designated account to transfer it to the designated account. The Defendants were completely unaware of the fact that a member of the organization of the crimes of Bophishing, who obtained a password from the victim M, entered the password, etc. using the computer, and transferred 6.3 million won from the victim’s account to the e bank account, and 3.7 million won from the victim’s account to the e bank account to the e bank account.

B. The lower court’s sentence of unreasonable sentencing (Defendant A: imprisonment of one year and two months; imprisonment of one year and two months; and confiscation of seized cash cards) is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal, the Prosecutor applied for the amendment of the indictment ex officio to the effect that “the public prosecutor engaged in the acquisition of the means of access and the crime of fraud, such as accepting it,” in the indictment No. 4-5 of the facts charged, “the public prosecutor engaged in the acquisition of the means of access, such as accepting it, and the public offering of the crime of fraud by order.” This Court permitted it, thereby changing the subject of the judgment, and thus, the judgment of the court below was no longer maintained.

However, the Defendants’ assertion of misunderstanding of facts is still subject to the judgment of this court within the scope of the modified primary facts charged, even if there is a ground for ex officio destruction as seen above.

B. In relation to the Defendants’ assertion of mistake of facts, the conspiracy does not require any legal penalty, but is only a combination of two or more persons to jointly process and realize a crime. Thus, even if there is no overall mother process, the conspiracy is possible among several persons.