사기등
The judgment of the court below is reversed.
Defendant
A Imprisonment of three years and six months, Defendant B’s imprisonment of two years and six months, and Defendant C.
1. Summary of grounds for appeal;
A. Prosecutor 1) Defendant B and C cannot be deemed as a single criminal act by Defendant B and C in light of the fact that the lower court found Defendant B and C not guilty, and that the victim H was guilty of the fraud of KRW 30,990,60,00, the time of the crime (from May 21, 2012 to May 30, 2012) overlaps with the time of the crime of fraud by scaming (from April 25, 2012 to June 7, 2012) which was found guilty at the lower court, and the one-person type “I agency” and the one-time organization of fraud is identical and the one-time organization of fraud is identical in light of the principle of co-principal, and the lower court’s determination that Defendant B and C’s conspiracy was obviously guilty of the fraud of Defendant B and C’s victim H was erroneous by misapprehending the legal principles and misapprehending the legal principles as to the facts against Defendant B and the two-year imprisonment with prison labor for Defendant B and the two-year.
B. The Defendants (unfairly unfair) sentence imposed by the lower court on the Defendants (four years of imprisonment in case of Defendant A, three years of imprisonment in case of Defendant B, and five years of imprisonment in case of Defendant C) is too unreasonable.
2. Determination
A. The summary of the facts charged 1 as to the prosecutor's assertion of mistake of facts and misapprehension of legal principles as to the non-guilty portion of the defendant B and C, in collusion with the defendant A and one named "I Act", and the "I Act", by misrepresenting the large number of unspecified victims to deposit money into the "I Act" termed passbook with a financial institution in advance for loan costs, etc., and ordered the victims to immediately withdraw money. The defendant A withdraws money from Kwikset service with a cash card and then remitted the remainder after deducting 10% of the fee from the fee. The defendant B driving a motor vehicle to the place of cash withdrawal with the defendant, and the defendant A withdraws cash.