The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

The charge of attempted fraud among the facts charged in the instant case is acquitted.

1. Summary of grounds for appeal;

A. Defendant 1) In the course of committing an attempted crime by mistake of facts, the Defendant did not have conspired with B (the above crime is a single crime under B, and the Defendant did not have participated therein).

(2) The lower court’s imprisonment (ten months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Judgment on the defendant's assertion of mistake of facts

A. The gist of this part of the facts charged is that the telephone financial fraud organization consists of telephone calls to unspecified victims, and call centers deceiving victims by means of loan ice, misrepresentation to investigation agencies, family abduction, etc., collection of passbook solicitation books that invite victims to receive money, card collection books that collect means of access linked to the hostile account, withdrawal of money from the collected card and transfer money to the account managed by the said organization after withdrawing the money. They are operated in the form of an organization that prevents them from becoming aware of each other by receiving instructions by telephone and message instead of performing other roles in preparation for arrest.

On February 2, 2019, the names of telephone financial fraud organizations misrepresented with investigative agencies to ask the victim to pay money as if the account under the victim's name is used in the crime, and the defendant introduced B to collect and deliver the money on the condition that a certain portion of the amount of damage is distributed according to the proposal of a member in charge of assistance in the name of the end of February 2019, and B conspired to collect and deliver money directly from the victim.

On March 12, 2019, the name weaker of the telephone financial fraud organization is a non-place on March 12, 2019, and on March 10:43, 201, the victim E is the Seoul Central Intelligent Criminal Investigation Team K.

In order to prove that the account under the name of the party was involved in the crime and the total amount of KRW 300 million was not an accomplice, the money will be withdrawn and delivered to the employee of the Financial Supervisory Service.