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The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for two years and for three years and six months, respectively.
Defendant .
Reasons
1. Summary of grounds for appeal;
A. The punishment (two years and six months of imprisonment) imposed by the court below on Defendant A (unfair punishment) is too unreasonable.
B. Defendant B1’s misunderstanding of facts (Fraud’s use of computer, etc.) revealed that the Defendant was aware that the Defendant was a singishing crime only during the process of withdrawing the money remitted from A’s account on November 1, 2019, and then being held into the account from D. At the time of the instant case, the Defendant’s singishing crime was committed merely because he was sent to D the account head’s photograph without knowing the receipt of money by means of inputting the victim’s personal information by manipulating the singishing system. As such, the Defendant’s singishing crime cannot be deemed to have been committed. (2) The Defendant’s imprisonment (four years of imprisonment) sentenced by the lower court is too unreasonable.
2. Determination
A. Defendant B’s assertion of mistake of facts against Defendant B made a confession of all the facts charged against the Defendant in the original trial, consented to evidence, and asserted only that Defendant B made a fraudulent act using computers, etc. in the trial.
According to the evidence duly adopted and investigated by the court below, Defendant B consistently stated in the police investigation and the prosecutor's investigation that "I received the proposal for the crime of this case from "O" in the middle of September 2019, and asked the sentence that I would not do so, and that I would not do so." (No. 37,178 pages of investigation record), Defendant A also stated that "I will use the account notified by B B B around October 2019," and that "I would like to see that I would like to say that I would be the amount of damage from licensing" (the investigation record) and that I would like to use it in the head of Tong's criminal act with the knowledge that I would like to use it in the head of Tong's criminal act, even if I would like to use it in the transmission of the head of Tong's account, at the time of this circumstance."