The defendant's appeal is dismissed.

1. The court below rejected the application for compensation order filed by the applicant for compensation.

Pursuant to Article 32 (4) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, an applicant for compensation cannot appeal a judgment dismissing an application for compensation, which became final and conclusive immediately.

Therefore, the rejection of an application for compensation order among the judgment of the court below is excluded from the scope of the judgment of this court.

Summary of Reasons for appeal

A. The court below found the Defendant guilty of the facts charged in this case without any intention to assist the crime of fraud, on the ground that the Defendant did not know that the above money was the money obtained by deceptions, although the Defendant received money from the victims of this case and deposited it into a designated account, the Defendant did not know that it was the money obtained by deceptions. Therefore, the court below erred by misapprehending the legal principles or misapprehending the legal principles.

B. The punishment of the lower court (six months of imprisonment) is too unreasonable.

3. Determination

A. 1) Determination of the misapprehension of the legal doctrine on the assertion of mistake of facts or misapprehension of the legal doctrine refers to any direct and indirect act that facilitates the principal offender’s act while knowing that the principal offender committed a crime.

In addition, the intention of aiding and abetting a principal offender and that the act of aiding and abetting a principal offender is an act that meets the requirements for the organization of the principal offender. However, the intent of the principal offender in aiding and abetting a principal offender is not required to be aware of the details of the crime realized by the principal offender, but it is sufficient to dolusence or prediction (see Supreme Court Decision 2016Do7886, Nov. 10, 2016, etc.). In addition, in a single criminal trial, the conviction should be based on evidence with probative value that can lead a judge to believe that the facts charged are true to the extent that there is no reasonable doubt, and there is no evidence that establishes the conviction to such an extent.