Text
The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B A person shall be punished by imprisonment for two years.
evidence of seizure.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court (six years of imprisonment, confiscation) is too unreasonable.
B. Defendant B (1) The lower court erred by misapprehending the facts on the following grounds, thereby adversely affecting the conclusion of the judgment.
A) The Defendant did not recognize the instant crime of telecommunications financing fraud itself, and did not belong to any team of the telecommunications financing fraud organization, and only carried out the Internet private casino gambling site publicity.
Therefore, the Defendant did not have conspired to commit a telecommunications financing fraud and the instant crime.
B) The Defendant was merely in the position of “W Team” in charge of the management and publicity of members of the Internet private casino sites. The Defendant did not fully recognize that the content was a thing used for crime even when he received a box from K, containing an authorized certificate, anOTP, and a password.
Therefore, the Defendant did not have conspired to commit the crime of keeping and taking over access media.
C) The Defendant carried out the telephone service for publicity of the Internet private casino site, but it is not essential for the operation of the gambling site, and thus, the Defendant was involved in the establishment and operation of the gambling site as an accomplice.
shall not be deemed to exist.
2) The punishment sentenced by the lower court (a three-year imprisonment, confiscation) is too unreasonable.
(c)
The above punishment imposed by the prosecutor by the court below to the defendants is too unhued and unfair.
2. Judgment on Defendant B’s assertion of mistake of facts
A. Summary of this part of the facts charged
1. In relation to the organization of crime and the division of roles, the “telecommunications financial fraud” organization refers to a “public relations team,” a “self-management team,” a “self-management team,” and a “loan fraud,” which allows the victims to remit money by making a false statement by telephone or SNS, etc. (hereinafter “term fraud”).