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The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B A person shall be punished by imprisonment for three years.
Defendant
A.
Reasons
Summary of Grounds for Appeal
The defendant, whose name has been omitted, refers to the defendant described in the item (a) of the pertinent paragraph.) The defendant did not receive any report in advance from the victim M to receive KRW 1.5 billion from the victim M with the development of the K underground market. Since the K underground market development project was actually discontinued and the I private underground market was being developed around 2007, it was difficult to expect that he will invite subscribers in relation to the development of the K underground market.
Therefore, the Defendant did not in collusion with B and C, by deceiving or taking part in the fraud crime by B and C.
The Defendants asserted that the punishment (five years of imprisonment and four years of imprisonment) imposed by the court below on the Defendants is too unreasonable, and the prosecutor asserts that the sentence imposed by the court below on the Defendants (two years of imprisonment and four years of imprisonment) is too unreasonable. The prosecutor asserts that the sentence imposed by the court below on the Defendants A is too unreasonable and unfair.
Judgment
Defendant
On the grounds of its stated reasoning, the lower court determined that the Defendant, in collusion with B and C, was involved in the crime in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) on the grounds that it can be deemed that the Defendant, while recognizing that B and C would realize the fraud, could have formed a public collusion in order or implied manner by allowing it.
The amount of money transferred by B to the Defendant’s account from January 2007 to June 2007, the level of KRW 10 million per month was 10 million to KRW 50,000,000,000 more than the previous remittance amount since July 2007, and the amount was 110,000,000 more than the previous remittance amount was 10 times more than the previous remittance amount.