The defendant's appeal is dismissed.

The defendant was not aware of the use in the U.S.I. M. A. M. M. M. M. was made in the U.S.I. M., so the defendant did not have the intention to commit fraud.

The punishment (one year of imprisonment) sentenced by the court below on unreasonable sentencing is too unreasonable.

Judgment

Comprehensively taking account of the following circumstances, the court below’s determination on the assertion of mistake of facts can be recognized by comprehensively taking account of the evidence duly examined by the court below, the Defendant, while recognizing that the pre-paid might be used for the licensing, can recognize the fact that the pre-paid might have exceeded the total liability for the pre-paid distribution.

If so, it can be sufficiently recognized that the defendant had the intention of aiding and abetting fraud.

The Defendant was subject to the revocation of the opening code granted by the telecommunications company on the ground that it was used for the crime of singing, etc., by opening a cell phone sales store of the trade name “F” and operating the cell phone sales store.

Nevertheless, the Defendant, in the name of “AH”, opened a mobile phone sales store in the name of “AH” and opened a prepaid core, thereby in excess of the pre-paid distribution total book.

In operating the “AH” as above, three prepaid prepaids were used for the crime of Bosing.

In light of the fact that the Defendant, in the lower court’s judgment, acknowledged the willful negligence of the crime of aiding and abetting fraud at the court, as well as the fact that the police, when operating the “F”, contacted with telephone numbers used in the scaming, etc., and stated that the reason for the communication was a scambling, it is reasonable to view that the prepaid court, while recognizing that the prepaid could be used for the crime of aiding and abetting, delivered the matter to the general manager of the distribution system.

It seems that the defendant's attitude of recognizing and opposing the remaining crimes except denying the intention of fraud assistance.

However, it is necessary to pay attention in advance.