The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. Defendant 1) In fact-finding victim K did not withdraw the amount of damage from the G bank account in the name of F, and the lower court recognized that the Defendant received K’s amount of damage from F. In so doing, the lower court erred by misapprehending the legal doctrine. (2) In this case, the victims of Bosphishing crimes wired the amount of damage to the G bank account in the name of F, thereby constituting a crime of fraud. Since the fraud aiding and abetting can only be done until the end of the crime of fraud, the Defendant’s act of receiving or delivering the money acquired by the Defendant from F cannot be deemed as a crime of fraud.

Nevertheless, the lower court erred by misapprehending the legal doctrine, which recognized that the Defendant assisted the crime of fraud.

3) The sentence of the lower judgment on unreasonable sentencing (two months of imprisonment) is too unreasonable.

B. The form of the lower judgment by the prosecutor is too uneasible and unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, an employee in the name scam crime committed by phone call to the victim K on July 25, 2018, “The Seoul National Police Agency Cyber Investigative Team (Seoul National Police Agency) was issued with a face-to-face account; since the illegal funds of KRW 130 million were deposited into the party account; thus, in order to clarify the back-to-face account of the party, all of the money was transferred to the bank account designated by us; the victim transferred KRW 25 million under the name of F at around 14:38 of the same day to the bank account (H). The fact that F sent KRW 25 million deposited to the person who is an employee of the above criminal organization representing the financial company to deliver the above company to the person who is an employee of the above company according to the end of the above criminal organization, the defendant transferred the money to the bank account of 150 million U.S. 50,000 won to the former Central Bank.