beta
Text
All appeals by the prosecutor and the defendant are dismissed.
Reasons
1. Summary of grounds for appeal;
A. At the time of misunderstanding of facts or misunderstanding of legal principles, the Defendant only released 15 million won out of the amount of the instant defrauded money or the amount of the said money in accordance with the direction of C with the intention of aiding and abetting money, and there is no omission in collusion with C, etc. to obtain money from or borrow money from the victims.
B. 1) The sentence of imprisonment (eight months of imprisonment) imposed by the prosecutor by the lower court is too uneasible and unfair. 2) The above sentence imposed by the Defendant by the lower court is too unreasonable.
2. Determination
A. The court below rejected the above assertion by stating in detail the defendant's assertion under the title "a decision on the defendant's and his defense counsel's assertion" in the judgment of the court below, which is the same as the grounds for appeal in this part. In light of the above judgment of the court below compared with records, the judgment of the court below is just and it is not erroneous in the misunderstanding of facts or misunderstanding of legal principles, which affected the conclusion of the judgment. Thus, the above assertion by the defendant is without merit.
B. The circumstances favorable to the defendant are that the defendant did not have any history of punishment for the same kind of crime, and that he appears to have participated in the crime of this case due to the lack of economic circumstances at the time.
However, the Defendant has been punished by a fine due to other crimes, and the crime of this case takes an essential role in cash withdrawal for the completion of the crime in relation to the so-called “Singing,” and the nature of the crime is not considerably good, such as the Act on the Acceptance of Crimes is organized and planned, and it constitutes a serious crime that causes considerable damage to many unspecified victims and has a significant impact on society, and thus requires a strict punishment. The Defendant is around the time of the crime of this case.