Text
The judgment below
Among them, the defendant's violation of the Act on Regulation and Punishment of Criminal Proceeds Concealment.
Reasons
1. The lower court found the Defendant not guilty of the violation of the Act on Regulation and Punishment of Concealment of Criminal Proceeds among the facts charged, and the prosecutor and the Defendant did not appeal against the violation.
Therefore, the part of the judgment of the court below which was not guilty is excluded from the scope of the judgment of this court, since it was separated and finalized by the appeal period.
2. Summary of grounds for appeal by the prosecutor;
A. The lower court rendered a judgment of not guilty of part of the charges of fraud (the part on which the lower court acquitted the Defendant on part of the charges of fraud) on each fraud described in the following: (a) No. 1-3, 2-1, 3-1, 3-2, and 4-1 of the list of offenses committed in the attached Table.
However, in this part, other accounts, other than the accounts solicited by the Defendant, have been used for the criminal conduct of licensing.
Even if this part of the crime also occurred after the defendant took part in the solicitation of the passbook in the crime of Bosing the instant Bosing, it is identical to the victims and deception methods of each fraud that the victims and deception methods were found guilty at the original court, and there is no possibility that the defendant has left from the conspiracy.
Therefore, it is necessary to recognize the defendant as a joint principal offender for this part of the crime.
B. The sentence sentenced by the lower court to the Defendant (one year of imprisonment, one year of confiscation) is too unhued and unfair.
3. Determination
A. Of the facts charged, the Defendant: (a) conspired with the employees of the Defendant of the Republic of Korea, around April 2020, to act as a counselor who solicits a passbook in collusion with each other; (b) consults with the nominal owner of the account to be used for the Republic of Korea; and (c) connects the employees of the Republic of Korea to another Bosing operation; and (d) on April 12, 2020, the Defendant was charged with the amount of money exceeding KRW 30-40,000 per day by calls from V at the Defendant’s residence located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon.
The ID shall be created and accounted.