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The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
seized evidence 6.
Reasons
1. Summary of grounds for appeal;
A. Of the facts charged in the case of mistake of facts, Co-defendants invited those who have difficulty in normal loans from financial institutions in the form of Gabro tin, and subscribed to Gabro services combined with the purchase of the Nowon-gu unit, and paid only part of the sales proceeds and the opening subsidies paid by the mobile communication company which is the victim to the opening agency as the name of the loan is the form of paying the remainder to the subscriber and acquiring the remainder money by the credit service provider and the opening agency operator.
The defendant was unaware of his illegal loan, and there was no intention to commit the crime of aiding and abetting fraud.
As above, the crime of aiding and abetting fraud is not established, and the actual profits of the collection amount and the defendant sentenced by the court below are different, and there is no profits remaining, so the collection is improper.
B. (1) The lower court’s punishment (two years of imprisonment, three years of suspended execution, 160 hours of community service order, confiscation, additional collection 405,285,00 won) is too unreasonable.
(2) The Prosecutor’s sentence is too uneasible and unreasonable.
2. Determination
A. (1) As to the assertion of mistake of facts, the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, ① the X-cell file is stored on the computer used by the defendant, and the defendant requested to invite people who wish to borrow from AB, X-D, etc. who are tin-based tin-based tin-based tin-based tin-based tin-based tin-based tin-based tin-based son to use the loan when recruiting the loan applicant, i.e., the content of the counseling document which he allowed the ship-based counselor to use for the loan applicant, i.e., the "S. on the goods which the low-credit-based kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn'."