The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The defendant does not pay the above fine.

1. The summary of the grounds of appeal 1) Defendant (1) and misunderstanding of the legal principles are aware that the employees of the Korea Cmat Bank were able to obtain a loan by raising credit rating through the account in the name of the Defendant, and there was no awareness that the withdrawal of cash was made by a person whose name cannot be known, and that the said withdrawal was made easy to commit the phishing crime.

(2) The sentence of the lower court (an amount of KRW 5 million) which is unfair in sentencing is too unreasonable.

2) The Prosecutor’s sentence is too unhued and unreasonable.

2. Determination 1) Ex officio is examined prior to the judgment on the grounds for appeal by the Defendant and the Prosecutor.

The punishment against the accused shall be imposed within the scope of the term of punishment that has been mitigated under Article 32 (2) of the Criminal Act as an aiding and abetting offender.

Even so, the court below erred by omitting this and determining punishment, which affected the conclusion of the judgment, and thus, the judgment of the court below cannot be maintained.

However, although there are reasons for the above ex officio reversal, the defendant's misunderstanding of facts and misapprehension of legal principles is still subject to the judgment of this court, and this is judged below.

2) The Defendant made the same assertion in the lower court regarding the Defendant’s mistake of facts and misapprehension of the legal doctrine.

The court below rejected the argument by clearly stating the decision in detail.

In addition to the following circumstances acknowledged in accordance with the evidence duly adopted and examined by the court below, the defendant was aware that at least the defendant was aware of the fact that he would facilitate the phishing crime by a person whose name is not yet known.

may be seen.

(1) Whether there is a doubt as to the method by which the defendant withdrawss and gives cash to an investigative agency.

for the purpose of this section, the person has been suspected to answer the question

In addition, the defendant first withdrawn and delivered the amount of KRW 20,000,000, and it also thought that he will receive a receipt.