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The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B A person shall be punished by imprisonment of one year and two months.
except that this shall not apply.
Reasons
1. Summary of grounds for appeal;
A. Defendant B’s assertion of mistake of facts became aware that one’s act was a crime of Bophishing only on June 25, 2013, and that one’s subsequent act had already been released from a public offering relationship on June 26, 2013, and thus, Defendant B did not participate in the crime of fraud and the violation of the Electronic Financial Transactions Act, which had taken over the physical card and password used for Bophishing on June 26, 2013. However, the lower court erred by misapprehending the fact that the lower court found Defendant guilty of the charge of violating the Electronic Financial Transactions Act (hereinafter “instant charge”).
B. As to the sentence (Defendant A: 4 years of imprisonment, Defendant B: imprisonment with prison labor) declared by the lower court on the grounds of unreasonable sentencing by the Defendants and the prosecutor, the prosecutor asserts that the sentence is too uneasible and unreasonable, and the Defendants asserts that the sentence is too unreasonable.
2. Determination
A. As to Defendant B’s assertion of mistake of facts, the summary of this part of the facts charged is the general manager of domestic cash withdrawal connected to the organization of the “Singing” in China, and Defendant B is the person in charge of Defendant A’s taking the role of withdrawing cash under the direction of Defendant A. The employee of the aforementioned “Singing” plays the role of receiving cash transfer by calling to the persons in Korea or investigating agencies for a loan or investigation agency, and Defendant A secured the sirens used for committing the “Singing” fraud, and ordered Defendant B, G, H, I, and J to withdraw cash by using the passbook and check card in the name of another person after receiving contact with the Chinese organization of the “Singing”, and then, Defendant B, G, H, I, I, and J, each of which will act on June 16, 2013 and each of them will act on the part of the bank payment immediately after cash was remitted under the direction of Defendant A and deliver the cash to Defendant A.