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The judgment below
The part against the defendant shall be reversed.
The defendant was recruited with the defendant E in the judgment of the court below.
Reasons
1. Summary of the grounds for appeal (misunderstanding of the facts of the defendant, misunderstanding of legal principles, and improper sentencing)
A. misunderstanding of facts and legal principles, the Defendant did not participate in or participated in the establishment or operation of an online gambling site in collusion with the general liability or “A”.
In addition, the defendant only introduced the "A" to the joint defendant A (hereinafter only referred to as the "A") of the court below and the joint defendant E (hereinafter referred to as the "E") of the court below, and there was no direct contact with the joint defendant C of the court below (hereinafter referred to as the "C") on the part of the defendant. As such, the defendant did not participate in or participated in opening the name account after completing the registration of the establishment of the old juristic person.
Therefore, even if the Defendant did not have conspired or participated in the crime of false entry, such as the establishment of gambling space, public electronic records, etc., and the crime of false entry or accompanying accompanying, and the crime of interference with business, and even if it is recognized that the Defendant participated in such crime, it is not a principal offender but a principal offender in that he knew that he would be used for such crime, not an active conspiracy or participation, and that he would be used for such crime. Nevertheless, the lower court convicted the Defendant of all the remainder of the charges except the crime of violation of the Electronic Financial Transactions Act, which the Defendant recognized, of which the lower court erred by misapprehending the legal doctrine as to the principal offender who is constituted by functional control.
B. As to the crime of false sentencing (the crime of opening a gambling space in the original judgment, the crime of interference with each business offered with A and C, the crime of re-election of each official electronic records, etc., and the crime of gambling such as false entry electronic records, etc., committed by the lower court, 1 year and 6 months, and 2 months, 4 months, 3 months, 4 months, 4 months, 5 years, 5 years, 5 years, 5 years, 50, 50, 50, 50, 50, 500, 500, 50,000,000,000,000).