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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles are aware that the Defendant was engaged in the business of receiving money from a normal lending company, and the Defendant did not have any awareness or intent as to the crime, such as singishing fraud, and there was no conspiracy with the Defendant as to the above crime.
The defendant, as a Chinese person, received all instructions from the Chinese in Korean language, did not know the Korean and Korean language well and did not understand all the documents in the name of the Chairperson of the Financial Services Commission, which the defendant presented to victims.
There is no fact that the defendant assumes a false staff member of the Financial Services Commission or asked the victims about whether he is an employee.
4.7 million won received in return for the collection of money was kept as it was immediately unused and did not have been used in the case of money, but all the remittance receipts, etc. were kept.
The defendant, after having entered a church as the head of the church, changed the mobile phone number upon the solicitation that he/she should not be contacted with the name wounded, etc., and was made early according to the solicitation of the staff of the mobile phone store, and did not conceal the crime.
Nevertheless, the court below recognized that the defendant had the intention to commit the crime of Bophishing fraud, and found the defendant guilty of the facts charged by recognizing the conspiracy with the person with no name, thereby erroneous determination of facts and misapprehension of legal principles.
B. The lower court’s sentence of unreasonable sentencing (two years and six months of imprisonment) is too unreasonable.
2. Judgment on misconception of facts and misapprehension of legal principles
A. The co-principal under Article 30 of the relevant legal doctrine is a co-principal who commits a crime jointly by more than two persons. In order to constitute a co-principal, the co-principal’s intent of co-processing, a subjective requirement, and the objective requirements, are functionally fulfilled.