The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. As to the acquitted portion of the reasoning of the judgment below by misapprehending the facts and legal principles, the crime of fraud was committed when a member of the nameless phishing organization deceivings the victim H and transfers KRW 20 million to the account in the name of E designated by the said organization, and the Defendant aided and abetted the crime of fraud committed by the nameless phishers by facilitating the acquisition of KRW 20 million by fraud from the victims of the nameless phishers.

Nevertheless, it did not reach the number of frauds against the victim.

In light of this, the judgment of the court below which acquitted the defendant of this part of the facts charged and recognized the crime of aiding and abetting attempted fraud is erroneous in the misapprehension of

B. The sentence of the lower court’s unfair sentencing (ten months of imprisonment, two years of suspended sentence, and 120 hours of community service order) is too uneased and unreasonable.

2. Determination

A. Determination as to the assertion of mistake of facts 1) The summary of the facts charged with aiding and abetting fraud is that, by misrepresenting an employee of a financial institution, such as the National Bank, etc., the Defendant assumes the role of “total liability” of the telephone finance fraud (i.e., “S., solicitation”, “inducing”, and “conduction” of the telephone finance fraud (i.e., “S., one-time one-time one-time one-time one-time one-time one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one

만일 경찰에 잡히면 무조건 모른다고 발뺌을 하면 된다” 라는 제안을 받고 정상적인 일이 아님을 의심하면서도 이를 수락하였다.

On April 27, 2018, the volume of the solicitation of the above telephone financing fraud organization (hereinafter referred to as "D") is a loan advertisement.