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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. (1) The judgment of the court below which convicted Defendant (1) of this part of the facts charged is erroneous in the misunderstanding of facts, although the Defendant did not participate in part of the fraud or was aware that it was a telephone financial fraud.
(2) The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is unreasonable.
B. The prosecutor’s sentence of the lower court is unreasonable as it is unhutiled.
2. Determination
A. In full view of the evidence duly admitted and examined by the court below, such as the defendant's statement in the court below and the prosecutor's office's statement, E and H, and each investigation agency's statement in the court below, investigation report (Attachment to Chinese accomplice and Kakakakao Stockholm dialogue content), investigation report (public crime (M and Kakax dialogue contents), etc., as stated in the judgment of the court below), it can be sufficiently recognized that the defendant would act as a telephone financial fraud in which the defendant acquired money by deceiving the victims by soliciting the lending in sequence as stated in the judgment of the court below. Accordingly, it can be sufficiently recognized that the defendant took charge of the role of withdrawing money and remitting money to the accounts designated by the accomplices, even
B. We examine both the Defendant and the prosecutor’s assertion of unfair sentencing as to the assertion of unfair sentencing, together with the assertion of unfair sentencing by both parties. The instant crime is a serious crime that causes damage to an unspecified number of victims, which is practically difficult to recover in a systematic manner, and is highly likely to social criticism and the need for strict punishment. The amount of damage does not reach an agreement or no recovery from damage to the trial, and the Defendant is denying the commission of the fraud portion, etc. shall be subject to strict punishment corresponding to the relevant act.
However, as a whole, the fact that the defendant repents and reflects the crime, and the benefit acquired by the crime is that.