사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for five years.
1. Summary of grounds for appeal by the defendant;
A. misunderstanding of facts or misunderstanding of legal principles 1) The Defendant received a request from H, “H,” a transfer agent, for the submission of foreign exchange transaction accounts to H, and did not commit the instant crime in collusion with H, and did not commit the instant crime. Based on the testimony of C and F without credibility, the lower court determined that the Defendant led the overall crime of this case, such as ordering H to recruit foreign exchange accounts and withdrawing or exchanging the remitted money, in collusion with H. The lower court erred by misapprehending the legal doctrine as to the public-private partnership relation. 2) The lower court found the Defendant guilty on the grounds that there was no evidence to acknowledge the crime Nos. 1 and 2 of the list of crimes as indicated in the holding of the lower judgment.
3) Since ASEAN is deemed to have already completed the act of defraudation by deceiving the U.S. financial institutions and making loans deposited into a deposit account according to the procedures, withdrawing money from the Republic of Korea is an act of ex post facto punishment by law. B. In light of the abuse of authority to institute a public prosecution and the recovery of each crime prosecuted against C, F, and D, the part which the prosecutor prosecuted only the Defendant without reasonable standards constitutes abuse of authority to institute a public prosecution. (c) The sentence imposed by the lower court on the Defendant of unreasonable sentencing (over to six years of imprisonment) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. Whether the Defendant conspired with C/F or not, the Defendant did not directly commit a crime in connection with the instant case, and, in collusion with C/F, did not give any instructions related to the instant crime, the Defendant denied all the instant crime and argued to the effect.
On the other hand, C and F shall collect the foreign exchange transaction account through which the money acquired by the organization of Naria crime is remitted at the direction of the defendant, and shall acquire the money transferred to the account.