Text
The judgment below
All convictions against Defendant B and C shall be reversed.
Defendant
B A person shall be punished by imprisonment for a year.
Reasons
1. Summary of grounds for appeal;
A. (1) Defendants (1) The sentence imposed by the lower court on Defendant A (a year and June, and confiscation) is too unreasonable.
(2) Although Defendants B (A) and B (3) were not subject to forfeiture under Article 48(1)1 of the Criminal Act, the lower court erred by misapprehending the legal doctrine that sentenced the forfeiture of each of the seized articles.
(B) The sentence sentenced by the lower court to the Defendant (one year of imprisonment, one year of confiscation) is too unreasonable.
(3) Although Defendant C (A) was not involved in a registered foreign exchange business in collusion with B as stated in the facts constituting the crime in the decision of the court below, the court below convicted the Defendant of this part of the facts charged.
(B) Even if the charge of violation of the Foreign Exchange Transaction Act against the defendant's unfair sentencing is guilty, the sentence (10 months of imprisonment, confiscation) imposed by the court below against the defendant is too unreasonable.
B. (1) The above punishment that the court below committed against the Defendants, which was unfair in sentencing, is too unhued and unfair.
(2) In light of the statements made by the Defendants and the criminal records of Defendant B, etc., Defendant B and C may sufficiently recognize that the money they requested to exchange was the money they acquired through the “scaming”. However, the lower court acquitted Defendant B and C of the facts charged in each fraud part concerning Defendant B and C, and the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.
2. Prior to the judgment on the respective grounds for appeal by the Defendants and the Prosecutor, the part concerning the violation of the Foreign Exchange Transactions Act, which the lower court found Defendant B guilty, is not acknowledged as follows. Thus, Defendant B is not a principal offender as to this part of the facts charged.