The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. In light of the fact that the Defendant was waiting at the site even if he did not receive specific remittance instructions from the Bosing staff on the money remitted by B from Bosing staff, the Defendant is recognized as a functional control over the criminal conduct against B, in light of the fact that Bosing staff deceiving the victim B to transfer money to the account in the name of F.

Nevertheless, the lower court rendered a not-guilty verdict on the charge of fraud portion B. In so doing, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion

B. The sentence imposed by the lower court (one year and six months of imprisonment, and three years of suspended execution) is too uneasible and unfair.

2. Determination

A. The summary of this part of the facts charged is as follows: (a) the Defendant conspiredd with the singishing staff to take charge of receiving money from the telephone financial fraud staff who received instructions from the singishing staff, a financial fraud organization, and then sending money from the account holder to a specific person’s account; and (b) then, (c) again remitting money to a specific account.

On January 11, 2019, an employee under the name of the Minister of Trade, Industry and Energy misrepresented the victim B by telephoneing the victim B, and falsely concluding that “A Government-funded loan can be 60 million won per annum and 60% per annum. In order to implement a loan, he/she shall, in order to improve credit rating, obtain a loan from another financial company and then transfer it to an account known by us to us.”

On the same day, the victim transferred KRW 7,003,50 to the post office account in the name of F known by the member of the Bosing Organization on the same day.

As a result, the Defendant received the property by deceiving the victim in collusion with the employees of Bophishing.

B. The lower court’s judgment.