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The judgment below
The part against the defendant shall be reversed.
The defendant is innocent.
Reasons
1. Summary of grounds for appeal;
A. In light of the fact-misunderstanding and legal principles, the Defendant was born at a relatively happy home, and there was no motive to be involved in the phishing crime as a student, and the head of the P division of the O Co., Ltd. was aware of all the documents related to the above company after hearing the statement that he/she would help him/her reduce or exempt taxes, and sending his/her identification card pictures, etc. to P; he/she was sent his/her identification card to P; he/she was arrested when he/she directly withdrawn the amount of damages from the counter; and actively attempted to arrest Defendant A; and in light of the fact that the Defendant actively attempted to arrest Defendant A at the lower court, it is found that the Defendant did not have any criminal intent to participate in the phishing crime even if he/she did so.
Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in the misapprehension of facts and legal principles.
B. The sentence of the lower court (one year of imprisonment with prison labor for six months and one year of suspended execution) is too unreasonable.
2. Determination
A. On June 7, 2017, the summary of the facts charged in the instant case was presented by the Defendant that “When an account necessary for tax evasion is offered, 10% of the transaction amount shall be paid as a fee” from a person in an infinite name, who assumes the director of the P division of the O management support team, and when receiving money from the Defendant’s name SC bank account (K), the Defendant withdrawn the money in cash and made the withdrawal of the name infinite to A.
Therefore, even though the defendant was able to know that the amount deposited in the account under the name of the defendant was the amount of damage to telephone financing fraud, he collected 18 million won in total from the nearest point of SC Japan Bank in Ansan-si on June 14, 2017 at the 214, the sum of the money deposited by the victim I received from the victim I during the same day at around 13:20 on the same day.
Then, the defendant is from the victim I at the Dong-dong branch of the SC Japan Bank, which is in the Dong-gu Ho-dong of Ansan-si.