The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of the grounds for appeal (the factual error and inappropriate sentencing)

A. Since the Defendant did not have any awareness that he was able to commit the crime of Bophishing, there was no intention to aid and abetting the fraud.

However, since the court below found the defendant guilty of the facts charged of this case, the court below erred by mistake of facts.

B. The lower court’s sentence of KRW 4 million (fine 4 million) on the ground of unreasonable sentencing is too unreasonable.

2. Determination

A. On October 10, 2016, the summary of the facts charged in the instant case is that the Defendant would pay 5% of the amount of money deposited to the Defendant’s new bank account on the day when he withdraws the money deposited to the Defendant’s bank account in the name-based telephone financial fraud group “on the day, he would pay the money for tax reduction or exemption,” and even though he knew that the Defendant’s account would be used for tax evasion, illegal loans, and scamsing, he would provide the Defendant’s account information to the above bearer. (A) The Defendant misrepresented the victim E (53) staff of the Bank and misrepresented that the Defendant would be 50,000 won for the issuance of the passbook to the F Bank. In order to increase the lending limit, deposit money is necessary for 50,000 won to the victim E (53 years) and more than 10,000 won for the payment of the remaining 10,000 won under the name of the Defendant’s bank account.

B) On October 13, 2016, the Defendant: (a) by deceiving the Victim H by means of the same method as the foregoing Bosing Singingman’s Liability as described in paragraph A; and (b) received KRW 26 million from the Victim H to the bank account in the name of the Defendant; and (c) one of them received from the Victim H to the bank account in the name of the Defendant.