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The judgment below
The part against the Defendants is reversed.
Defendant
A Imprisonment with prison labor of one year and two months, and Defendant B.
Reasons
1. Summary of grounds for appeal;
A. Defendant A1) misunderstanding of facts and misunderstanding of legal principles - Fraud - Defendant A did not invite to commit the instant fraud with telephone finance fraud officers, including one-person “G”, etc.; Defendant A merely assisted by G to take over the media access to the account in the name of Defendant C, a co-defendant of the lower judgment; provided that Defendant A did not withdraw the instant damage amount deposited into the account in the name of Defendant C and intended to transfer it to G according to G’s instruction, and Defendant A did not intend to withdraw the instant damage amount deposited into the account in the name of Defendant C and did not intend to transfer
shall not be deemed to exist.
Therefore, the judgment of the court below which convicted the above defendant of the facts charged of the fraud of this case is erroneous in the misapprehension of legal principles as to the joint principal offender, since it was merely an aiding and abetting the fraudulent act by the telephone finance assistance officers of this case, and it cannot be viewed as a joint principal offender of the fraudulent act of this case.
2) The punishment sentenced by the lower court to Defendant A (one year and six months of imprisonment) is too unreasonable.
B. The punishment sentenced by the lower court to Defendant B (one year and two months of imprisonment, and confiscation) is too unreasonable.
2. Determination
A. Defendant A also argued to the same effect as the grounds for appeal in the lower court’s determination on Defendant A’s assertion of misunderstanding of facts and legal principles. The lower court held that Defendant A also argued to the same effect as the grounds for appeal, and that “The conspiracy in which two or more persons jointly engaged in a crime is not required under the law, but is a combination of intent of two or more persons to jointly process a crime and realize a crime. As such, even if there is no process of the whole conspiracy, if the combination of intention is made in order or impliedly, the conspiracy is established between several persons, and even if such conspiracy was not directly involved in the execution, the act of the other accomplices is a joint principal offender.