사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
Seized evidence 2 through 4 shall be confiscated, respectively.
1. Summary of grounds for appeal;
A. Defendant 1) In so doing, the Defendant did not have any intention to aid and abetting fraud because he had knowledge that his act constitutes an act of commission of the singishing crime. Nevertheless, the lower court erred by misapprehending the legal doctrine that acknowledged the Defendant’s crime of aiding and abetting fraud, thereby adversely affecting the conclusion of the judgment. 2) The lower court’s punishment of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.
B. Prosecutor 1) misunderstanding of facts or misunderstanding of legal principles (not guilty in the grounds) recognized the Defendant’s own role as a means of collecting cash and transferring money, through his name-free persons and communication with the intention of intent. As such, the Defendant shared the act of collecting damaged money, which is an essential element for each of the crimes of this case, and thus, constitutes a joint principal offender for each of the crimes of this case. Nevertheless, the lower court erred by misapprehending the facts and misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment. 2) The lower
2. Judgment on the misapprehension of legal principles by the defendant, misconception of facts by the prosecutor or misapprehension of legal principles
가. 이 사건 공소사실의 요지 성명불상자(위챗 대화명 : B)는 C은행, D은행 등 금융기관 직원을 사칭하여 금원을 편취하는 보이스피싱 조직원이고, 피고인은 중국 국적의 조선족으로 2019. 7. 8. 국내에 입국한 후 위 성명불상자의 지시를 받아 불특정 다수의 피해자들로부터 편취한 금원을 수거하여 속칭 ‘수거책’에게 전달하는 ‘전달책’이다.
The above person who has failed to know his name assumes the position of the staff of the financial institution of an unspecified number of victims, and calls for a false statement to “the remittance of the existing loan to make the results of transactions in order to open a Maspbook and open a Masp passbook.” The above person is an expression “the mother” used by Chinese people around August 2019.