The defendant and prosecutor's appeal are dismissed.

1. Summary of grounds for appeal;

A. Defendant (1) misunderstanding of facts (the part concerning the crime of fraud) is nothing more than part of the amount deposited by the Defendant among KRW 301,309,133 of the total amount of damage indicated in the annexed crime list (1), which was withdrawn from the large account and deposited into the account under the name of the Defendant, but the lower court erred by misapprehending the fact that the Defendant recognized the establishment of the crime of Bosing fraud as to the total amount of KRW 301,309,133 of the above KRW 301,30,133, as stated in the annexed crime list (1).

(2) The lower court’s sentence of unreasonable sentencing (one year and two months of imprisonment) is too heavy.

B. The Defendant’s act of delivering the means of access under one’s own name to the employees of the means of access listed in the list of offenses against the violation of the Electronic Financial Transactions Act (1) concerning mistake of facts (1) and (1) concerning the violation of the Electronic Financial Transactions Act shall be deemed as the transfer of the means of access, and the Defendant’s act of providing the means of access under one’s own name shall be deemed as a conspiracy and conspiracy with regard to the Defendant’s act of acquiring the means of access that occurred after the Defendant’s participation in the commission of the fraud, but the lower court acquitted the Defendant of this part of the charges

(B) Even if the holder of a family account on the ancillary charge of the violation of the Electronic Financial Transactions Act cannot be deemed to transfer the means of access, the Defendant could be deemed to have obtained the right to dispose of the relevant means of access from the trillion staff, and thus, the Defendant could be deemed to have received the means of access from the trillion staff. However, the lower court acquitted the Defendant of this part of the facts charged.

(2) The lower court’s sentence of unreasonable sentencing is too minor.

2. Determination

(a) mistake of facts by the defendant;