All appeals by the Defendants and the Prosecutor are dismissed.

1. Summary of grounds for appeal;

A. (1) Although Defendants (1) received a copy of the passbook and cash card as stated in the facts charged, the Defendants did not know that the above passbook and cash card were used for the so-called Bosing crime, and there was no conspiracy with other accomplices to commit fraud.

In addition, a considerable number of the Defendants’ fraudulent crimes as stated in the facts charged were committed when they were not in the Republic of Korea, and thus are irrelevant to the Defendants.

(In the case of Defendant F, since he did not stay in the Republic of Korea at the time of committing the fraud against the applicant for compensation, the lower court’s compensation order cannot be accepted). Nevertheless, the lower court erred by misapprehending the facts charged and adversely affecting the conclusion of the judgment.

(2) The sentence imposed by the lower court on the Defendants (two years of imprisonment) is too unreasonable.

B. The lower court’s sentence against the Defendants by the prosecutor is too uneasible and unreasonable.

2. Determination

A. (1) First, the determination of the Defendants’ assertion of mistake of facts is based on the following circumstances: (i) the Defendants’ intention to commit the fraud by the Defendants; (ii) the evidence duly adopted and examined by the lower court can be comprehensively admitted; (iii) Defendant E entered the Republic of Korea on November 27, 2010; and (iv) Defendant F repeated entry into and departure from the Republic of Korea on several occasions on July 25, 2010; (iii) he received only a copy of the passbook and cash card from those who do not know of the fact, including Defendant B, and those who were not aware of the fact, including the Defendant B, by telephone time and location, during his stay in the Republic of Korea; and (iv) received the cash card from the subway stations, by informing other accomplices of the account number of the passbook through online hosting; and (iv) withdrawn cash from each account with a cash card, and then he acquired a certain percentage of the amount that he withdrawn after withdrawing the cash card as a commission.