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The judgment below
Among them, the part against Defendant A and the part against Defendant B of the crime of fraud shall be reversed.
Defendant
A.
Reasons
1. Summary of grounds for appeal;
A. Defendant A misunderstanding the fact that, when withdrawing or delivering funds according to G and F’s instructions, Defendant A was used for the criminal act of Bosishing, Defendant A was unaware that his passbook was used for the criminal act of Bosishing, and that the funds that he withdrawn and transported to the Philippines were criminal proceeds of Bosishing, and there was no choice but to believe that the funds were used for F’s transshipment business or money exchange business proceeds.
Nevertheless, the court below found Defendant A guilty of the facts charged in this case. In so doing, the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.
2) Even if Defendant A had been aware of the misunderstanding of the legal doctrine about the crime of Bosing, considering the circumstances leading up to the failure of Defendant A to commit the crime of aiding and abetting, and the type of participation or the degree of intent, Defendant A is not a joint principal offender in the crime of fraud.
Nevertheless, the lower court recognized Defendant A as a joint principal offender in fraud, and the lower court erred by misapprehending the legal doctrine on a joint principal offender, thereby adversely affecting the conclusion of the judgment.
3) The sentence sentenced to the criminal defendant A who committed an unfair sentencing (4 years of imprisonment) is too unreasonable.
B. Defendant B (1) misunderstanding the facts, at all, there was no fact that Defendant B was issued in the record of J, I, and H, which is the party involved in the instant case. The Defendants’ account and the AI account, which is the victim deposit account in the crime list (1) as indicated in the judgment, did not have any direct transaction with the Defendants’ account, and did not provide evidence of its connection. The facts of the instant case include both the money loaned by G to Defendant B and the money repaid by G through Defendant B, and all the money repaid by G to AL through Defendant B are included in the amount of cash withdrawal in the crime list (1).
4. The facts charged against the victim AM shall be charged.