The judgment below

Among them, the part except the part of the crime No. 1 in the judgment of 2012 Highest 2201 against Defendant A is reversed.

1. Summary of grounds for appeal;

A. Considering that Defendant A is not a member of the Bosing Criminal Organization of Defendant A, there is no profit from each of the instant crimes, and that Defendant A also is a victim used by J, the lower court’s punishment (the first crime: imprisonment with prison labor for 6 months and the remaining crimes in its holding: 4 years and 6 months) is too unreasonable.

B. As to the criminal facts of Defendant B (1) misunderstanding of facts (A) 201 Highest 6506-1, Defendant B did not have any criminal intent of conspiracy and deception due to the fact that the money withdrawn by Defendant B was unaware of the degree related to Bosing, and that the said Defendant was unaware of the degree that the said Defendant was involved in Bosing.

(B) As to the crime of 2012 Highestest 1234, 2322, 3032, 3128, the head of the Tong established by Defendant B had never been aware of the fact that the head of the Tong, which was established by Defendant B, could be used for the crime of the instant Bosing, there was no intention of conspiracy and defraudation.

(C) As to the facts constituting the crime of 2012 Highest 2793, Defendant B did not have the intent to commit the crime of document aiding and abetting documents, by gathering facts that the document was prepared without the representative director’s permission.

(2) Even if the facts charged of unfair sentencing are found guilty, the lower court’s imprisonment (two years and six months of imprisonment) is too unreasonable.

C. Defendant C (1) misunderstanding of facts and misunderstanding of legal principles regarding the instant crime by Defendant C was committed simultaneously with the entry of Defendant A to the company, and there was no time to recognize Defendant C’s criminal act. Therefore, it cannot be deemed that Defendant C had a criminal intent to commit a violation of the Electronic Financial Transactions Act.

(2) Even if the facts charged of unfair sentencing are found guilty, the lower court’s imprisonment (two months of imprisonment) is too unreasonable.

2. Ex officio determination

A. In collusion with the J on September 19, 201, the Prosecutor of the Amendment to Bill of Indictment with Defendant A and B was in collusion with the Defendant A and the Defendant A, and the Defendant A were in the Gangnam-gu Seoul Samsung-dong 157-33, 201.