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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of facts and misapprehension of legal principles: The Defendant merely received money with the knowledge of a simple money exchange business and remitted money to the Defendant, and the money received from a person who was not the victim of his name (one name G) was unaware of the price obtained by the crime of Bosing fraud, and thus, the Defendant did not have conspired with the employees of Bosing and committing a fraud or had the intent of fraud.
2) Improper sentencing: The punishment sentenced by the lower court (one and half years of imprisonment) is excessively unreasonable.
B. The prosecutor’s improper sentencing: The sentence imposed by the court below is too unfortunate and unfair.
2. Determination
A. In full view of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the Defendant’s assertion of misunderstanding of the facts and legal doctrine, it can be sufficiently recognized that the Defendant participated in the instant fraud by engaging in the so-called delivery or exchange liability in collusion with his/her name in collusion.
1) For the reasons delineated below, the Defendant’s crime of this case cannot be viewed as a normal transshipment business.
The information on the place, time, and appearance of delivery of each money through H, I, and K was shared in one part, and on the other, on the other hand, the information on the place, time, the delivery of the money through the defendant and the J was shared in order.
The Defendant and J et al. employees did not explain or confirm the other party’s status, source of money, etc. at the site of delivering money, and did not receive or deliver confirmations or receipts after delivery or receipt of money.
Rather, the Defendant directed J to the position of “U” staff as the Defendant did not receive his name.
The Defendant received money from the Defendant at any time, such as subway stations, at any time and at any time, not at a certain place, such as one’s own stores.
The defendant is one million won out of the money delivered by JI to the J.