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All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts 1) Defendant A connects Co-defendant B, who was introduced in order through F and G upon the O’s request, and did not have been managed and instructed in the middle of the crime of this case. Nevertheless, there was an error of misunderstanding of facts in the judgment of the court below which found Defendant A guilty of the facts charged of this case against Defendant A. 2. Defendant B was unaware of the fact that the goods on the part of the company it delivered are the passbook. Thus, Defendant B did not have any intention to commit the crime of this case.
Nevertheless, the judgment of the court below which found Defendant B guilty of the facts charged in this case is erroneous in misconception of facts.
B. Each sentence (Defendant A: imprisonment with prison labor for two years, Defendant B: imprisonment with prison labor for one year) imposed by the court below on the Defendants is too unreasonable.
2. According to the following circumstances acknowledged by the court below in light of the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, Defendant A instructed Defendant B to receive the delivery of the passbook, etc. for the purpose of using it for the crime of singing and singinging China, as stated in the judgment of the court below, and the fact that Defendant B was delivered even with the knowledge that the goods delivered to Defendant B are the passbook for a crime.
Therefore, the defendants' assertion of mistake is without merit.
① Defendant B was aware of F through G, which was originally known by the prosecution, and was involved in the delivery of the large passbook, etc., and was designated upon F’s telephone. Defendant B stated that he received KRW 50,000 per case from Kwikset service to receive KRW 50,000,00, and committed the instant crime.
② Defendant A received the introduction of G through F and received the introduction of Defendant B through G, and Defendant B through F.