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The judgment below
The remainder (including the part not guilty in the reason) of the rejection of the application for compensation order shall be reversed.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court (nine years of imprisonment) on the Defendant is too unreasonable.
B. A prosecutor (1) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the misunderstanding of legal principles, even if the victim B received some of the above money from the Defendant at the time of remitting it to the account designated by the Defendant with respect to each of the money listed in the attached Table 1 74 through 77, 85 through 8, 137, and 138 of the indictment attached to the indictment No. 2018, 2018, 2018, 233, it is merely a payment of part of the above money to the said victim by means of a means for further defraudation in the process of deceiving the money for a long period from the said victim, and thus, it constitutes the total
② Even if the victim B transferred KRW 5 million to the account designated by the Defendant immediately before the transfer of KRW 5 million to the account designated by the Defendant as stated in the attached Table 1/121 through 123 of the indictment No. 2018Gohap23, the victim was deceiving the Defendant, even before receiving the said KRW 5 million from the Defendant, and then remitted KRW 10 million to the CD’s account designated by the Defendant under the name of the Financial Supervisory Service on the same day at around 16:47 of the same day, even before receiving the remittance of KRW 5 million from the Defendant. The lower court convicted the Defendant of the aforementioned KRW 10 million.
Therefore, it is improper that the court below rejected the above victim's statement that only the above five million won portion was accused and remitted to the defendant.
③ As to each amount stated in the attached Table 1 / 126 through 129, 200 of the indictment No. 2018Gohap23, the Defendant was accused of and remitted to the Defendant each of the above money solely on the ground that: (a) V, the Defendant’s seat prior to remitting the money recorded in the above subparagraphs to the account designated by the Defendant, remitted the money corresponding thereto to the above victim’s account.