사기
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. It was true that the Defendant received USD 27,311, and USD 12,150 from the account in the name of a business entity operated by the Defendant for mistake of facts. However, the Defendant only withdrawn USD 27,311 with the knowledge that the said money was sent to the Plaintiff, a business partner, and did not receive money from the victims in collusion with those who did not receive the name of the International Internet Maritime Organization for Fraud.
B. The sentence imposed by the lower court (one year of imprisonment) is too heavy.
2. The following circumstances acknowledged by the court below and the court below's decision on the assertion of mistake of facts and the evidence duly investigated and adopted at the court below. ① The number designated by the name weak members of the International Internet Monitoring Fraudulent Group by deceiving victims in the manner as stated in the instant criminal facts was the account number of the company operated by the defendant. The defendant, as above, when the victim G transferred USD 27,31 to the foreign exchange bank account in the name of H operated by the defendant on September 14, 201, he directly deposited the above amount on the same day. On December 30, 2011, US$ 12,150, which was acquired by the victim from L was not closed at the wind where the above account of the defendant was suspended, ② the defendant purchased 34-4 companies using e-mail from the victim G company directly to the defendant, and then transferred it from the defendant's prosecutor's office to the above 31-17 companies after purchasing the money from the defendant.