사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
1. Comprehensively taking account of the evidence presented by the prosecutor in the summary of the grounds for appeal, the court below found all of the facts charged of this case guilty, but it erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
2. Examination ex officio prior to the judgment on the grounds for appeal.
As the prosecutor applied for changes in the indictment in exchange for part of the facts charged in the trial, and the subject of the judgment is changed by this court's permission, the judgment of the court below can no longer be maintained.
On the other hand, the prosecutor's assertion of misunderstanding of facts is still subject to the judgment of this court, which will be examined below.
3. Judgment on the prosecutor's assertion of mistake of facts
A. The summary of the facts charged in the instant case is a person who solicits a large number of unspecified domestic people to use money for committing a crime as a member of the telephone financial fraud (hereinafter referred to as “defishing”) organization that assumes money under the pretext of the cost of issuing a guarantee insurance policy, fees, etc. by misrepresenting a lending company, etc. and iceing a loan to a large number of unspecified domestic people.
The defendant, in collusion with D, E, F, G, H, and other large account recruitment teams, I, K, K, L, M, N, P, P, Q, Q, R, T, and U, and cash withdrawal and remittance teams, cash withdrawal and remittance teams, such as telephone financing fraud, T, and call center counselors on their names, and the defendant et al. shall pay the price by telephone free, and the call center counselors, such as the defendant et al. shall collect the money from a large number of unspecified persons by misrepresenting the victims by telephone and inducing them to deposit the money with a large account solicited in advance. The cash withdrawal and remittance team received cash cards, etc. connected to the large account, and then withdrawn the money deposited by the victims in the large account as above.