공전자기록등불실기재등
All appeals by the defendants and prosecutor against the defendants are dismissed.
Defendant
A. A.
Summary of Reasons for appeal
A. The lower court’s punishment against Defendant A (two years of imprisonment) is too unreasonable.
B. Defendant B 1’s misunderstanding of the facts (as to aiding and abetting fraud), Defendant B transferred each access medium connected to the account in the name of a limited company E, limited company L, and limited company Q2 in the name of a limited company, without knowing that it was used for the crime of aiding and abetting fraud to D. Thus, Defendant B did not have the intention to aid and abetting fraud.
However, the court below erred by misapprehending the facts, thereby finding Defendant B guilty of this part of the facts charged.
2) The lower court’s punishment against Defendant B, which is unfair in sentencing (two years of imprisonment each), is too unreasonable.
B. The lower court’s sentence against the Defendants is too unhued and unreasonable.
2. Determination
A. Determination as to Defendant B’s assertion of mistake of facts in this part of the facts charged (the point of aiding and abetting fraud), the organization of the financial fraud of telephone conversations (hereinafter “ Bosing”) is acquiring money from victims by means of telephone, etc., equipped with a system that consists of inducements to transfer the money by deceiving victims, i.e., solicitations of passbooks, i., solicitations of passbooks, i.e., solicitations of passbooks, total withdrawals of transferred money, i.e., withdrawals of money from the cash payment period at a financial institution, i.e., withdrawals of money from the cash payment period from the victim or withdrawals.
Defendant
B) On January 2019, 2019, he heard that he would offer money from D, which is a book for soliciting the head of the Tong of the Bank of Bossing Organization, and opened a Grand Account by establishing a false corporation under the above high school title A, K, and P, which is a high school title A, K, and each corporation, and then transferred it to the Bosing Organization.
A) On February 22, 2019, the employee in charge of singishing calls to the victim W while misrepresenting to the Seoul Central District Public Prosecutor’s Office’s V at a non-displace and calls to the victim W.