The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal: misunderstanding of legal principles and unreasonable sentencing

A. The summary of the misapprehension of the legal doctrine argument I did not appear as a witness without any justifiable reason even when he received a request from the lower court for attendance of a witness on several occasions.

Therefore, in the case of Article 312 or 313 of the Criminal Procedure Act, if a person who needs to make a statement at a preparatory hearing or on a trial date is unable to make a statement due to death, disease, foreign residence, unknown whereabouts, or any other similar cause, the protocol and other documents may be admitted as evidence: Provided, That the protocol and other documents shall be admitted as evidence if it is proved that the statement or preparation was made in a particularly reliable state."

Therefore, in full view of the prosecutor's protocol of interrogation of evidence I, it can be deemed that the defendant was aware that the means of access that he transferred was used for the crime of fraud. Accordingly, even though the defendant could be recognized as aiding and abetting the defendant to commit the crime of deception, the judgment below which acquitted the defendant of this part of the charges is erroneous in the misapprehension of legal principles.

B. The judgment of the court below on the summary of the allegation of unfair sentencing (hereinafter referred to as a fine of KRW 1,00,000) is too uneasible and unfair.

2. Determination

A. In a case where the court requested the detection of the location of a witness who requires a statement through several times of legal principles regarding the assertion of misapprehension of legal principles and thus the request for the detection of the location was not served, or where the person who requires a statement has a certain residence but has failed to comply with the summons of the court and the interrogation in the court is impossible because the arrest warrant was not executed even if the person has a certain residence, the person is present in the court in the official ruling as stipulated in Article 314 of the Criminal Procedure Act.