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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. Summary of grounds for appeal;
A. It is true that the Defendant, as stated in the facts charged, attempted to deliver KRW 8 million from D to the account titleholder according to the direction of the account titleholder, as stated in the facts charged.
However, the Defendant was aware that the Defendant was employed as a golder by reporting and seeking advice on the personal advertisement text messages sent by G Company’s “H management office”, and did not know that the Defendant was an employee of the H management office, or that the said money was related to the phishing crime.
B. The sentence of the lower court (10 months of imprisonment, 2 years of suspended execution, 4 years of protection observation) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. The summary of the facts charged is that the Defendant would give KRW 1,50,000 per day in return for deposit in the passbook known to the name in the name of the passbook holder by receiving the said amount of damage if the Defendant withdraws and delivers the money remitted from the name in the name in the name in the name in the name in the name in the name in the name of the passbook, which is the total book of the singishing, and that the Defendant was willing to play the role of withdrawing the singish.
On July 6, 2016, in the name of Bosing Sing Sing Sing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singinging calls to the victim without any intent or ability to convert the victim’s loans, and “it is necessary to add existing financial right loans to low interest rates, and therefore, it is necessary to send working expenses,” and it received KRW 8 million from the damaged person to the Saemaul saving bank account in the name of D on the same day.
On the same day, the Defendant filed a motion for modification of the Bill of Amendment with respect to the content that the National Bank Account Prosecutor established by E, who received the above D from the above person in the name and injury of the same day, changed the “China account” into “the national bank account opened by E” during the 12 criminal charge of this case to “the national bank account opened by E”, and this Court approved it.