All appeals filed by the defendant and prosecutor are dismissed.

Summary of Grounds for Appeal

Since the prosecutor's mistake of facts and misapprehension of legal principles were involved in the instant Bosing crime by July 2014, the Defendant cannot be recognized as escaping from the public conspiracy relation even during the period of entry into the Republic of Korea on March 15, 2014 after departing from China on June 3, 2014.

Nevertheless, the judgment of the court below which acquitted the charges No. 29 of the Attached Table No. 29 on the ground that the crime was committed during the above period is erroneous in mistake or misapprehension

The punishment sentenced by the court below of unfair sentencing (two years of imprisonment) is too unhued and unfair.

Defendant

The punishment sentenced by the court below (two years of imprisonment) is too unreasonable.

Judgment

The lower court found the Defendant not guilty of fraud on April 3, 2014 on the ground that the evidence submitted by the prosecutor alone is insufficient to deem the Defendant’s conspiracy relationship with respect to the fraud crime committed on March 3, 2014, without any reasonable doubt, in light of the entry and departure record that the Defendant left China on March 15, 2014 and resided in the Philippines on March 16, 2014, and entered Korea on June 3, 2014.

The judgment of the court below is just in light of the following facts and circumstances, which are admitted as a whole by taking into account the evidence adopted and examined by the court below and the court of the first instance.

The prosecutor's assertion of mistake is without merit.

Each of the instant fraud crimes constitutes an individual crime by victim. Considering the procedure and period for the crime of Bosing, the commencement of the commission of the crime against the victim B, which was in April 3, 2014, appears to have occurred around that time. Therefore, it cannot be readily concluded that the Defendant, who left China on March 15, 2014, conspired to commit the said crime.

C and E transfer money to the Defendant from November 9, 2013, which is the date of the transfer from November 2013.