The judgment of the court below is reversed.

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

However, the period of two years from the date this judgment becomes final and conclusive.

1. Comprehensively taking account of the evidence submitted by the prosecutor as to the gist of the grounds for appeal, the lower court rendered a judgment of innocence against the Defendant on the ground that the Defendant could have failed to take part in the single-phishing fraud crime, despite the fact-misunderstanding.

2. The summary of the facts charged in the instant case was successively recruited as follows.

In other words, in order to commit the phishing crime, the names and influences of the criminal organization of telecommunications financial fraud (tentatively referred to as “sphishing”), a variety of stages such as inducements, management books, withdrawals, cash receipt books, etc.

The trillion staff belonging to the incentive shall make a false statement, such as the victim's telephone blocks, misrepresenting the investigation agency, and the victim's deposit account was involved in an offense, and shall make the victim remit money to the victim.

The members of the management ledger, such as the “B Team leader,” etc., shall invite the withdrawal books or cash receipts and disbursements, and shall instruct the withdrawal books to deliver the said cash receipts and disbursements after cash withdrawals to the victims, or inform the account holder, etc. who has made the withdrawals or cash withdrawals to the cash receipts and disbursements, or inform the account holder, etc. to deposit the cash received from the account holder.

The Defendant shall be paid KRW 100,000 per day to the “B team leader” around March 28, 2018 as a day of cash receipt books, and shall be deposited into an account in which the management book is known by receiving cash withdrawal from the “B team leader” according to the direction of the “B team leader”.

On April 5, 2018, 11:16, 2018, the Minister of Foreign Affairs and Fisheries called the victim C to misrepresentate the investigator of the Seoul Central District Public Prosecutor's Office. "The case that was involved in the crime that was stolen by the name of the party is being investigated, the details of the transaction of the bank account in the name of the party should be confirmed, and the balance of the bank account should be transferred to the virtual account of the Seoul Central Public Prosecutor's Office.