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The judgment below
The part against the Defendants is reversed.
Defendants shall be punished by imprisonment for one year and six months.
seizure.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles as to Defendants 1) and 2 received 5 to 6 money at the request of H which exchanged in China, and Defendant C was merely delivered 2 times at the request of Defendant B, and Defendant C did not know that the money was acquired as a singingishing crime, but the Defendants did not know that the money was acquired as a singishing crime, the court below erred in misunderstanding of facts and misunderstanding of legal principles as to unjust sentencing. 2) The judgment of the court below against the Defendants on the grounds that the Defendants obtained money by fraud from the victim G in collusion with H, “I,” “K,” “M,” and “M”, and found them guilty. 2) The judgment of the court below against the Defendants on unjust sentencing is erroneous as it is too unreasonable.
B. A prosecutor 1) Since the Defendants committed fraud in collusion with H, I, K, and M, etc., the Defendants are liable not only for the portion of the actual amount of damage, but also for the total amount of the crime of fraud. However, there is an error of misunderstanding of facts and misunderstanding of legal principles in the judgment of the court below which acquitted the rest of victims except for the victims G. 2) The amount of fraud against the victims G is KRW 3,624,876, but also KRW 3,623,00,00, which is calculated as KRW 3,623,00.
2. Judgment on the grounds of appeal by the Defendants
A. As to the assertion of mistake of facts and misapprehension of legal principles, the lower court determined that the following circumstances acknowledged by comprehensively taking account of the evidence as indicated in the judgment, namely, Defendant B provided from time to time with H and telephone or smartphone-making app and delivered money to the needy person at the direction of H at least five times, and Defendant C provided money from Defendant B at the direction of Defendant B.