The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts (as to fraud by use of computer, etc.), the Defendant is merely a withdrawal of money from the check designated by P and its deposit account according to P’s instructions. The Defendant was unaware of the fact that the money withdrawn by the Defendant was obtained through deception against the victims of fraud.

Therefore, there is no conspiracy and intention about the crime of fraud by the use of the computer in this case.

B. The crime of fraud by the use of computer in this case is established at the time when the victims of the fraud by the use of computer transfer money.

Therefore, the defendant did not constitute a joint principal offender of the crime of fraud using the computer, etc. in this case since the victim's money was deposited into the passbook and withdrawn the money after the crime of fraud using the computer, etc. was established.

C. The sentence imposed by the lower court on the Defendant (one year and two months of imprisonment, confiscation) is too unreasonable.

2. Determination

A. The defendant argued that the above assertion of mistake of facts is identical to the above argument of mistake of facts, and the court below rejected the above argument in detail by stating the judgment in detail. In light of the evidence duly adopted and examined by the court below, the judgment of the court below is legitimate, and the defendant's assertion of mistake of facts

B. The determination of the misapprehension of the legal principle as to the assertion of the misapprehension of the legal principle is that the co-principal under Article 30 of the Criminal Act commits a crime jointly by two or more persons. It is necessary to have committed a crime through the functional control by the co-principal, which is a subjective element, by the intention of co-processing and an objective element, and the intention of co-processing is not necessarily required in advance, but is in common with the intent of each other, and the co-offender’s act constitutes or is in essence related to the elements of a crime.