The defendant's appeal is dismissed.

Summary of Grounds for Appeal

misunderstanding of facts and misunderstanding of legal principles, the defendant believed that B was capable of paying the above amount of the bill at the time when B issued the bill in the name of the F Co., Ltd. (hereinafter referred to as the "F") operated by the defendant (hereinafter referred to as the "bill of this case").

The defendant is only the victim who was deceiving from B, and the defendant did not have the intention to aid and abetting the fraud.

The punishment sentenced by the court below on unreasonable sentencing (six months of imprisonment, two years of suspended sentence) is too unreasonable.

Judgment

A crime of fraud is established if a bill for determination of the mistake of facts and misapprehension of legal principles in the absence of a conviction that the bill would not be settled on the date of payment or that the bill may be paid on the date of payment, but if the bill was discounted without notifying the addressee of such fact.

(See Supreme Court Decision 93Do1408 delivered on July 27, 1993, etc.). Meanwhile, an aiding and abetting under the Criminal Act refers to all direct or indirect acts that facilitate the commission of a principal offender with the knowledge that the principal offender is committing a crime, and aiding and abetting in such aiding and abetting not only aid and abetting in the process of the principal offender’s commission but also aiding and abetting in the future by predicting and facilitating the commission of a principal offender prior to the commencement of the commission.

In addition, the intention of aiding and abetting a principal offender to commit the act and the principal offender’s act are acts that constitute the elements of a crime. However, since such intention is an in-depth fact, if the criminal defendant denies it, it is inevitable to prove by means of proving indirect facts that have considerable relevance with the intention given the nature of the object. In this context, there is no other way to reasonably determine the connection of the fact by using the detailed observation or analysis power based on normal empirical rule.