The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Summary of Grounds for Appeal

A. The fact that the defendant caused the misunderstanding of facts to aid the fraud of a person who has failed to obtain the name, but this was caused by negligence, and there was no intention to aid the fraud, so the judgment of the court below which found the defendant guilty of the fraud, is erroneous in the misunderstanding of facts.

B. The lower court’s imprisonment (one year of imprisonment) against the Defendant is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. According to the relevant legal principles, aiding and abetting under the Criminal Act refers to direct and indirect acts that facilitate the commission of a principal offender with the knowledge that the principal offender is committing a crime. As such, the so-called aiding and abetting the principal offender’s commission of the principal offender and the principal offender’s commission of the principal offender’s commission of the act constitutes the elements of a crime. However, inasmuch as such intention is in fact, if the principal offender denies it, it should be proved by the method of proving indirect facts that have considerable relevance to the principal offender in light of the nature of the object, and there is no other way to reasonably determine the connection of the fact by using the detailed observation or analysis capacity based on normal empirical rule. In addition, the principal offender’s intent does not require to reasonably recognize the details of the crime realized by the principal offender, but is sufficient to dolusence or prediction.

(See Supreme Court Decision 2009Do9963 Decided January 14, 2010, etc.). B.

Judgment

In light of the above legal principles, considering the following circumstances revealed by the evidence duly adopted and examined by the lower court, the Defendant was fully aware or could have sufficiently known that the account could be used for the crime of Bophishing in a case where he lends or transfers his account to a person with no name.