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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
Seized evidence 8 or 9 shall be confiscated.
Reasons
1. Summary of grounds for appeal;
A. The punishment of the lower judgment (ten months of imprisonment) is too unreasonable.
B. Prosecutor 1) Since the Defendant, who is aware of the facts of this case’s crime and takes charge of the duty of collecting the amount of fraudulent damage, the Defendant is recognized as joint principal offenders. Nevertheless, the lower court determined that only the Defendant was a joint principal offender. In so doing, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment. 2) The lower court’s punishment of unreasonable sentencing is too uneasible and unreasonable.
2. Judgment on the prosecutor's assertion of mistake of facts
A. In the summary of the facts charged of the instant case, the telephone financial fraud officer (one-time phishing) demanded money from a financial company or an investigative agency by putting a phone call to many and unspecified domestic unspecified persons, or demands money from a family member by misrepresenting himself/herself, and attempted to obtain money from the victims. The Defendant, who received the location of the victim from the above person in his/her name and received money from the victim, and then received money from the victims, and then received money from the victims, or conspired to acquire money from the victims by fraud by fraud.
1. On April 9, 2019, the person who was unaware of the statement of fraud against the victim B made a phone call to the victim B at an unspecified place on April 10:20, 2019 and forced the victim B to pay the money, although he did not capture the victim’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son.