The judgment below

The remainder, other than the rejection of the application for compensation, shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. According to the evidence submitted by the Prosecutor, according to the gist of the grounds for appeal (misunderstanding of the facts), the Defendant may be found to have participated in the crime of telephone financing fraud of a person who was unable to obtain his/her name, as stated in each of the facts charged in the instant case (hereinafter “phishing”).

2. Determination

A. The summary of the facts charged is that the telephone financial fraud crime organization is composed of a general liability that plans and instructs an investigation agency, financial institution's staff, etc. against many unspecified persons and mobile phone subscribers in the Republic of Korea through the Internet, etc. in operating a call center in a foreign country, by misrepresenting them, by directly receiving money from the victims, or by transferring it to an account, etc., and that is composed of a group of organizations in the form of a total responsibility that leads victims to commit the crime, by misrepresenting the investigative agency, financial institution, etc., and remitting the amount of money from the victims to the assistance staff, such as the total responsibility, the remittance of the amount of money obtained, the delivery of the amount of money acquired to the victims, the delivery of the amount of money received by the victims to the remittance book, and a collection book or withdrawal book that directly receives cash from the victims, using smartphones that can avoid the tracking of the investigative agency.

On April 20, 2020, the Defendant deposited the passbook in an account given to him by cash from the total responsibilities (one named “C”) of the organization of telephone financial fraud crime (hereinafter “C”) that misrepresents himself/herself as a lending intermediary in the early police officer, to the account given to him/her in the inner direction, would be 30,000 won per case at the expense.

After receiving the proposal “,” and accepting it to serve as the so-called “collection and remittance books”.

1. On April 23, 2020, the person under whose name the victim assumes the position of the employee of the Financial Supervisory Service by posting a telephone to the victim D on April 23, 2020, and “any violation of transaction” must be repaid.

“A false statement” was made.

However, in fact, the person who is not aware of the fact was responsible for the so-called call of the telephone financial fraud crime organization, and was intended to acquire the money of the victim from the beginning.