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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of facts considers that the defendant only withdraws illegal funds, and there was a fact that he only withdraws the money remitted to the defendant's account and delivers it to the person under whose name the money was made, or made the person under whose name the money was made to withdraw the money from the defendant's account, and there was no conspiracy between the mediation staff of the telephone financial fraud criminal organization and the mediation staff, and even though he did not know that the above money was obtained by deceiving the victims, the court below convicted the defendant of the facts charged of the fraud of this case by misunderstanding of the facts. 2) The court below sentenced the defendant to the punishment of unjust sentencing (a year and February and confiscation) which the court below sentenced the defendant to the charges of the fraud of this case is too undue.
B. The above sentence imposed by the prosecutor by the court below on the defendant is too unfortunate and unfair.
2. Determination
A. In a case where two or more persons on the Defendant’s assertion of mistake of facts do not legally require a certain type of punishment, but only two or more persons conspired to process a certain crime and realize the crime, and thus, the conspiracy is established if the two or more persons agree to do so in the order of multiple persons or impliedly, even if there was no conspiracy of the entire mother process.
(see, e.g., Supreme Court Decision 2005Do5774, Oct. 28, 2005). Based on the above legal principle, the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the lower court, namely, ① the Defendant lent an account to the police that he would grant 5% of the amount of withdrawal from money with the knowledge of bad debts. The Defendant borrowed the account at the police. It was said that the Defendant was a bad and bad e.g. (the amount of damage from the phishing crime) caused by fraud, illegal and illegal acts.