The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that the Defendant: (a) heard the words “to have a loan by raising the transaction performance” from the person who is the team leader of the financial institution, and only withdraws and deliver the money deposited in the Defendant’s account under his/her name according to his/her instructions; and (b) did not intend to assist and abetting the commission of fraud by the phishing staff.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, which found the Defendant guilty of the facts charged, thereby affecting the conclusion of the judgment.

2. Judgment on the grounds for appeal

A. Around November 17, 2015, the Defendant received a call from the Defendant’s home of 2 B02, Nam-gu Incheon Metropolitan City CHousing 2, Dong 202, to the effect that “If money is deposited in the account, the Defendant would request the remainder after deducting the prescribed fee and send the money to the person who will receive the money.”

A person whose name is unknown, without the intention or ability to extinguish his/her obligation due to repayment of a loan, has received from the injured party D a transfer of KRW 10 million to the bank account in the name of the accused from the injured party by making a false statement on November 18, 2015, “to have him/her repay a loan without completing its course,” and on the same day, he/she received from the injured party E a transfer of KRW 10 million to the bank account in the name of the accused. The victim E was immediately withdrawn from his/her application for a loan to enhance his/her credit immediately after he/she applied for a loan to the injured party E at the same time.”

On November 18, 2015, the Defendant released KRW 15 million, excluding KRW 3 million, from among KRW 18 million deposited in the account in the name of the Defendant in the bank in the name of the Defendant at a bank near Jung-gu Incheon, Jung-gu, Incheon, Jung-gu, Incheon, to a person whose name is unknown, and then delivered KRW 15 million to a person whose name is unknown.

Accordingly, the Defendant committed a fraud by a person who is not aware of his name with knowledge that his account is used for the criminal act of licensing.