사기방조
All appeals filed by the prosecutor against the Defendants are dismissed.
1. Summary of grounds for appeal;
A. misunderstanding of facts and misapprehension of legal principles (as to the part not guilty of Defendant B), an investigation report (as to the part not guilty of part of Defendant B), (as to the page 123 of the evidence record), bank photographs of the withdrawn branch (as to the page 128, 129 of the evidence record), photographs of the parking lot (as to the page 129 of the evidence record) and two copies of the NAV-based printed materials (as to the page 66, 67 of the trial record) are evidence indirect evidence or circumstantial evidence that can be recognized that the confession of Defendant B was true as to each of the aiding and abetting of fraud on June 17, 2015.
Nevertheless, the judgment of the court below that acquitted this part of the facts charged on the ground that there is no evidence of reinforcement is erroneous in the misapprehension of facts and legal principles.
B. The punishment that the court below sentenced to the Defendants (defendant A: imprisonment of 8 months; imprisonment of 2 years; imprisonment of 2 years; probation observation; community service order of 120 hours; imprisonment of 1 year; imprisonment of 2 years; probation observation; and order of community service of 160 hours) is too uneased and unreasonable.
2. Determination on the misapprehension of facts and misapprehension of legal principles
A. The summary of the facts charged in this part of the facts charged is as follows: Defendant B, around June 17, 2015, sent KRW 20 million, which was sent at the location where the company bank was located in the Guro-gu Seoul Metropolitan Government additional Dong-dong, and sent to the scaming staff of the company.
On the same day, the Defendant received KRW 20,000,000,000,000,000 from a digital station in the same region, from the company bank, to which the Defendant had withdrawn the non-name at the digital station, and sent it to the singishing staff.
As a result, the Defendant, by facilitating the acquisition of victims by deceiving the victims and withdrawing the money remitted from the victims to the victims, aiding and abetting the crime of fraud of the victims of nameless scams.
It is called the "Act".
B. Judgment of the court below.