The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Seized evidence 2 shall be confiscated.

1. The summary of the grounds for appeal is as follows: (a) the Defendant conspireds with C and his nameless employees to take part in the crime of fraud by using computers, etc. against the victims; and (b) the Defendant failed to specifically recognize that the money remitted to China was the amount of damage to the singishing.

Even if there is a easy doubt that the defendant is involved in an illegal day, and thus, the defendant was aware of such illegality and participated in the exchange and remittance of the money which is indispensable for the completion of the act of deceiving the phishing staff, and that the defendant was unaware of the method of deceiving the phishing staff or the details thereof.

Even if functional control over the whole crime is recognized.

Nevertheless, the court below erred by misapprehending the facts and finding the defendant not guilty.

2. Determination

A. The summary of the facts charged in the instant case is as stated in the part concerning "criminal facts" in the reasoning of the judgment.

B. The lower court determined that, in light of the circumstances acknowledged by the evidence, the Defendant was aware of the fact that the Defendant was taking part in the illegal money exchange, beyond the perception that the Defendant was taking part in the illegal money exchange.

It is difficult to readily conclude otherwise, and the evidence submitted by the prosecutor alone proves that the Defendant had a criminal intent to take part in the criminal conduct of licensing, without reasonable doubt.

On the ground that it is difficult to view the instant facts charged, the lower court acquitted the Defendant.

(c)

In the case of co-offenders who are jointly engaged in a crime by not less than 2 persons who are judged on the basis of the deliberation of the party does not require any legal punishment, but only two or more persons commit a crime to jointly process and realize the crime, and even if there is no process of the whole conspiracy, if the combination of doctors is made in order or impliedly between several persons, the conspiracy relationship is established.

And such a public recruitment relationship.