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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. Summary of grounds for appeal;
A. Although the defendant did not have any intention as an aidinger to take part in the crime of Bosing fraud and aiding and abetting attempted fraud, such as the entries of each crime in the original judgment, the lower court recognized the defendant's willful negligence as an aiding and abetting offender with respect to each crime.
B. Legal principles 1) The victims under Articles 1 and 2 of the instant facts charged deposited money in the account under the name of C, and C withdraws the money deposited by the victims from the said account, and the Defendant received money from C. Since C is the co-offender of the Bosing Fraud, the account in the name of C is the account managed by the Bosing Organization. Therefore, at the time when the victims deposited money in the account under the name of C managed by the Bosing Organization, the fraud under Articles 1 and 2 of the instant facts charged was committed respectively. Since the crime was committed simultaneously at the same time as the crime was committed, it cannot be established after the crime was committed. Thus, the Defendant’s act is nothing more than an ex post facto relief that was not established. Nevertheless, the lower court acknowledged the possibility of the Defendant’s act committed after the deposit in the account managed by the Bosing Organization, and recognized the legal principles as to the Defendant’s intentional negligence and the possibility of the Defendant’s intent to commit the crime at the time of the commission of the crime, but did not recognize the possibility of the Defendant’s intentional intent to commit the crime.
2. The defendant's assertion of mistake of facts and willful negligence.