전기통신금융사기피해방지및피해금환급에관한특별법위반등
The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment for a period of two years and six months, and by imprisonment for a period of one year and four months.
1. Summary of grounds for appeal;
A. Prosecutor 1) Act on the Regulation and Punishment of Criminal Proceeds Concealment related to T-Name Account that the lower court determined as not guilty of reasoning (hereinafter “the Act on the Regulation of Criminal Proceeds Concealment”).
As to the violation, T cannot be deemed as an accomplice who participated in the instant Bosing crime, but there is an error of law that affected the conclusion of the judgment by misunderstanding the facts, thereby adversely affecting the conclusion of the judgment, although it was not guilty of this part of the facts charged. 2) Each sentence (Defendant A: imprisonment with prison labor for two years and six months, and Defendant B: imprisonment with prison labor for one year and six months) sentenced by the lower court on the Defendants is too uneasible
B. Defendant B1) In misunderstanding of the legal principles, as co-offenders, BP, Q, BR, BS, and B, which are the nominal holders of the criminal account used for the instant Bophishing crime, the act of sending money to the account under their names cannot be deemed as the act of pretending criminal proceeds, and the judgment of the court below convicting Defendant B of violation of the Act on the Regulation of Criminal Proceeds Concealment (excluding the part related to the T account in the name of the judgment not guilty of the grounds for appeal), which affected the conclusion of the judgment by misapprehending the legal principles. 2) The sentence imposed by the court below on Defendant B is too unreasonable.
2. Determination
A. 1) The lower court found the Defendants not guilty on the ground that the Defendants’ act of receiving money from the account in the name of T was the accomplice who participated in the crime of Bosing in the crime of Bosping in the form of a criminal organization activity, on the grounds that it is judged that the Defendants, in series, conspired with the criminals to commit the crime of this part of the facts charged, received a total of 410 won from among the money acquired by deceiving the victim AT by deceiving the victim AT through T to the O S account in the name of T, and that T is an accomplice who is a part of the employee of the instant Bosping assistance in the crime of Bosping.