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The judgment of the court below is reversed.
Defendant
A. As to the first crime in the judgment of the court below, Defendant B, who was sentenced to imprisonment of one year and four months.
Reasons
1. Summary of grounds for appeal;
A. Although Defendant A’s misunderstanding of facts and misapprehension of the legal doctrine, as co-offenders, C led the instant crime and led the Defendant to contribute funds, the lower court supervised the operation of the illegal sports soil site.
In this regard, the court below found the defendant guilty by misunderstanding the facts.
B) As to the renunciation of conspiracy, the Defendant was excluded from the crime of this case by around January 2014, 201, and was involved in the crime of this case only from June 2013 to January 2014, the lower court recognized that the Defendant was involved in the crime of this case, and therefore, the lower court erred by misapprehending the facts, thereby finding the Defendant guilty.
2) Since the Defendant alleged to be misunderstanding of the legal principles delivered all proceeds to B, no profit accrued from the instant crime cannot be collected from the Defendant, the lower court ordered the Defendant to collect KRW 175,023,00 from the Defendant, so the lower court erred by misapprehending the legal doctrine.
B. Each sentence (Defendant A: Imprisonment with prison labor for 1 year and 6 months, Defendant B: Imprisonment with prison labor for 10 months and 2 months) that the court below sentenced the Defendants to the unjust argument of sentencing is unfair.
2. Determination
A. Determination as to Defendant A’s assertion of mistake of facts 1) The following circumstances acknowledged by the lower court and the first instance court’s duly adopted and investigated evidence regarding the degree of participation as co-offenders, i.e.,: (a) C created a paper-based account to inform the Defendant of the ID and password; (b) prepared and registered a statement of settlement of accounts per week on the above mail; and (c) the Defendant confirmed the statement of settlement of accounts arranged in the table with the above ID and password; and (b) managed the actual status of operation of the game hall by checking the statement of accounts arranged for filling, exchange, earnings, expenses, etc. via the above ID and password; and (c) the Defendant lent money to C.