The defendant's appeal is dismissed.

1. The lower court found the Defendant guilty of the facts charged, and rejected all of the applicants for compensation order of the lower court.

Therefore, pursuant to Article 32 (4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, an applicant for compensation cannot file an appeal against a judgment dismissing the application for compensation order. Therefore, the part of the judgment below dismissing the application for compensation order is immediately determined and excluded from the scope of the judgment of this court

2. Summary of reasons for appeal;

A. misunderstanding the facts or misunderstanding the legal principles, the Defendant thought that he was engaged in the business of the lending company, and received cash transfer, and did not intend to participate in the phishing crime in a successive manner.

Even if the crime of fraud is established by willful negligence, in light of the role, degree of participation, etc. of the defendant, the crime of this case constitutes aiding and abetting the crime of fraud.

B. The sentence sentenced by the lower court (two years of imprisonment, confiscation) is too unreasonable.

3. Determination

A. 1) Determination as to the assertion of misunderstanding of the facts or misapprehension of the legal principles 1) In the co-offender relationship that two or more persons of the relevant legal principles jointly process for a crime, the conspiracy does not require any legal penalty, but only constitutes a combination of intent to jointly process a crime and realize the crime. As such, there was no process of the whole conspiracy.

Even if there is a mutual understanding that there is no need to do so even if there is a conspiracy between the two or more accomplices in order or impliedly, and in this case, it is sufficient that there is a mutual understanding that each accomplice is in part of the constituent elements or is in part of the constituent elements, and that each accomplice is in part of the constituent elements.

As long as such public offering has been made, those who do not directly participate in the execution shall be punished by the other public bidders.