Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. The Defendant alleged a mistake of facts by the prosecutor was aware that the head of the Tong, the Cze Card, etc. (hereinafter “Cambling, etc.”) he transferred was used for the “Singing” fraud crime, and thus, the Defendant had intention to commit the crime of negligence or fraud.

Nevertheless, the judgment of the court below which acquitted the defendant on the charge of aiding and abetting the fraud is erroneous in the misapprehension of facts and thereby adversely affected the conclusion of the judgment.

B. The prosecutor asserts that the sentence of the lower court (one year of imprisonment, confiscation) on the grounds of unfair sentencing by both parties is too uneasible and unreasonable, and the Defendant asserts that the sentence is too unreasonable.

2. Determination

A. In full view of the following circumstances, which the court below explained based on the prosecutor's assertion of mistake of facts, and found based on the evidence duly adopted and investigated by the court below, i.e., the possibility that only part of the bankbooks, etc. that the defendant transferred to a person without a name could have been used for a separate crime, and if punishment is imposed for aiding and abetting the crime committed by the transferee of the passbook, etc., the legal evaluation of the defendant's act varies depending on the crime committed by the transferee of the passbooks, etc., it is difficult to deem that the defendant had the intention to commit the fraudulent crime at the time of transfer of passbooks, etc., and ii the defendant for the purpose of receiving money by transferring the passbooks, etc. appears to have no special interest in relation to what purpose the head of the passbook, etc. is to be used for the crime.