1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The reasoning of the judgment of the court of first instance citing the instant case is as follows, and the reasoning of the judgment of the court of first instance citing the instant case is the same as that of the judgment of the court of first instance, and thus, citing it as it is in accordance with the main sentence of Article 420 of

2. The following shall be added to the subsequent 12 pages of the first instance judgment, which is written or added:

“In the area of civil law where negligence is the same as that of an intentional act in principle for the purpose of compensating damage, assistance by negligence is also possible. In this case, the content of negligence refers to the act of aiding and abetting a tort on the premise that there is a duty of care not to assist a tort. However, in order to impose liability for a joint tort against another person’s tort, proximate causal relation between aiding and abetting act and the occurrence of damage by a victim by a tort should be acknowledged. In determining whether proximate causal relation exists, caution should be exercised so as not to excessively expand the liability by comprehensively taking into account the possibility of predictability of the circumstances that facilitate the tort by negligence, the impact of the tort caused by negligence on damage, the degree of contribution to the formation of the victim’s trust, and the degree of contribution to the victim’s own prevention of damage by himself/herself (see, e.g., Supreme Court Decision 2013Da91597, Mar. 27, 2014).

(3) Defendant C was unaware of the details of the fraud crime committed by Co-Defendant B and D in the first instance trial.

Even if considering the circumstances in which the defendant C was determined not guilty due to such reasons as not distributing the money by fraud, etc., the means of access to the financial account is simply a means of access.