The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In the facts charged in this case, the court below erred by misapprehending the legal principles and misunderstanding the facts for the following reasons, which found the guilty of fraud, mediating another person’s communications using telecommunications services, and operating a special category telecommunications business.

1) The Defendant’s act constitutes a telecommunications-based financial fraud (so-called “Sing”, hereinafter “singing”).

(2) The Defendant did not know that he was involved in the crime. Although the Defendant led to a confession made at the lower court to the purport that he was involved in the crime of Bosing, the confession cannot be deemed as evidence of guilt because it was not voluntary. (2) The Defendant’s act of this case merely is nothing more than converting the phone number of the sender by sticking a core chip to the mobile phone number of the relevant core chip, and thus, it does not constitute an act mediating another’s communications or providing it for another’s communications using telecommunications services provided by a telecommunications business operator.

B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment, confiscation) is too unreasonable.

2. Determination

A. The co-principal under Article 30 of the Criminal Act regarding the assertion of mistake of facts and misapprehension of legal principles is established by satisfying the subjective objective requirements, namely, the implementation of a crime through functional control based on the intention of co-processing and the common intent.

Even if a person who did not directly share and implement part of the elements of a crime among the conspiracys, if it is deemed that there is a functional control by making an essential contribution to the crime rather than a simple conspiracy in light of the status, role, control over the progress of the crime, etc. in the whole crime, he/she shall be held liable as a co-principal for the crime committed by another conspiracy.

In this case, crimes are committed.