beta
Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Seized evidence No. 1 shall be confiscated.
(b) the defendant;
Reasons
1. The grounds for appeal (misunderstanding of facts and misapprehension of legal principles) Defendant 1 conspired with the employees of Bosing phishing in a successive manner, and recognized the intention of fraud as he participated in the crime by recognizing the fact that he participated in the Bosing phishing crime, while recognizing the intention of fraud, the lower court erred by failing to state the grounds for rejection of indirect and circumstantial facts proving the guilt.
2. Determination
A. A. The prosecutor of the amendment of the indictment at the trial of the party, which led to the charge that the court below acquitted as the primary charge, applied for the amendment of the indictment that added the charge of aiding and abetting fraud as a preliminary charge, and this court permitted it and changed the subject of the trial. As seen later, the court below's judgment that only the primary charge is judged cannot be maintained.
Despite such reasons for ex officio reversal, the prosecutor's argument of mistake of facts and misapprehension of legal principles as to the primary facts charged is still subject to the judgment of this court.
B. Judgment on the misunderstanding of the facts and misapprehension of the legal principles as to the primary facts charged 1) The Defendant is a person who is a so-called “remitt” of the telecommunications fraud organization (one name “Ssing” (one-name “Sing”) organization (one-name “Sing,” the operation and management of the organization,” “total liability,” the “remitt money” that transfers the withdrawn money to the “total liability,” and the “remitt money” that recruits the head of the Tong to be used for committing a crime, and each party bears the role of transferring the withdrawn money to the account as directed by receiving instructions through D and SNS, a total liability, and 5% of the said money, and then receiving the money from the account as instructed by D.