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The judgment below
Of those, the guilty part against Defendant A (excluding the dismissed part of the application for compensation order) shall be reversed.
Defendant .
Reasons
1. Scope of the judgment of this court;
A. Of the facts charged against Defendant A, the lower court rendered a judgment dismissing the prosecution against Defendant A on the charge of fraud against the victim C in the case of 2019Da3490, and convicted Defendant A of the remainder of the violation of the Electronic Financial Transactions Act and of each fraud (not guilty of the grounds for fraud).
Defendant
A appealed the part of the judgment of the court below as to the guilty, and the prosecutor appealed the part of the judgment of the court below as to the guilty and the acquittal of the reasoning, and since the dismissal of the above public prosecution is separated and confirmed as it is, the part of the judgment of the court below
B. The lower court dismissed all the application for compensation filed by the applicant for compensation.
An applicant for compensation cannot file an objection against a judgment dismissing an application for compensation pursuant to Article 32(4) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings. Therefore, the part dismissing the application for compensation among the judgment below shall be excluded from the scope of adjudication
2. Summary of grounds for appeal;
A. Defendant A’s imprisonment (one year of imprisonment and confiscation) is too unreasonable.
B. Prosecutor 1) misunderstanding of facts (the Defendant’s fraud committed against Defendant A is committed in the form of a public invitation in sequential order among the participants, and the approximate form or harm of the scam crime is widely known. The Defendant received the account owner from the account holder or delivered the passbook, check card, and password and paid the price, and then remitted the money to China after withdrawing the money if the money was deposited into the account. In light of such abnormal method of withdrawal, the Defendant’s statement that the Defendant considered the payment for the transaction of Internet goods was difficult to obtain, and the Defendant received from the account holder at the time of delivery of passbook, etc., and wearing her mother at the time of withdrawal of cash.