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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) Unless there was a perception that the Defendant was involved in the crime of Bosing and misunderstanding of legal principles, the Defendant did not keep a scam card despite being aware that it was used in the crime, and did not engage in financial transactions under the real name of another person for the purpose of concealing illegal property, money laundering, or evading the law. Nevertheless, there was an error of misunderstanding of facts and misunderstanding of legal principles as to the judgment of guilty of this part of the facts charged, which was sentenced by the lower court of unfair sentencing (one year and six months of imprisonment).
B. In light of the characteristics of the singishing crime and the characteristics of the crime, prosecutor 1) misunderstanding of facts and misunderstanding of legal principles (as to the fraud caused by the act of remitting KRW 10 million from the victim’s Z in the case of 2020 high-class 4909), even if the Defendant contributed only to a part of the entire crime against the victim’s Z, it is deemed that the Defendant was an accomplice for the entire crime. However, even if the Defendant contributed only to a part of the entire crime against the victim’s Z, the lower court erred by misunderstanding of facts and misunderstanding of legal principles that the lower court acquitted the Defendant on the grounds of the fraud of KRW 10 million, which was directly remitted from the victim’s Z. 2)
2. Determination
A. 1) The Defendant and the defense counsel at the lower court also asserted the same purport as the reasons for appeal. On this issue, the lower court, based on the evidence duly admitted and investigated by the lower court, determined that the Defendant was aware of the fact that his act was a part of Bosing and acceptable, and that he was involved in each of the instant crimes. 2) The lower court’s judgment was adopted by the lower court and the trial court.