The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

Summary of Grounds for Appeal

Although the Defendant did not have any intention to commit the crime of aiding and abetting fraud, such as each crime recorded in the judgment of the court below, the court below found the Defendant guilty of the facts charged of this case, it erred by misapprehending the facts.

2. Determination on the grounds for appeal

A. The summary of the facts charged of the instant case (the fraud of the licenseing organization) consists of a subdivided sub-organization, such as an organization responsible for receiving the said money and remitting it to a large passbook, by pretending to the loan institution and making it possible for the general public to borrow money at low interest by misrepresenting himself/herself while operating a call center abroad, including China. It consists of an organization that leads the general public to fully withdraw the money in cash or transfer it to a large passbook, and an employee of the Financial Supervisory Service, etc., by pretending to receive the said money and to receive it.

On March 18, 2019, the name and non-scam boxes of the organization of Boscam (Suspension of indictment on the same day) called “I, by misrepresenting the employees of B Bank at a place where the location cannot be known, repay the existing loan amounting to KRW 10 million if I would like to lend 68 million to the victim C at a rate of 4.3% per annum. In order to raise the balance of the loan, I would like to reimburse KRW 10 million.”

However, in fact, the person who is not aware of the fact was the member of Bophishing organization, and the person did not have the intention or ability to provide the loan to the victim by raising the loan reputation, and was thought to obtain the money from the victim as a repayment for the loan.

Nevertheless, on March 22, 2019, by deceiving the victim, and then receiving KRW 5 million from the E bank account (F) in the name of D on March 22, 2019; KRW 5 million from the same day around 11:39; and KRW 10 million from the E bank account in the name of G around 10:08 on March 25, 201; and KRW 10 million from the E bank account in the name of G (H) around 10:08.