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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of the facts and legal principles, the Defendant was employed as an employee of the creditor collection company and was engaged in the collection business with the knowledge that he was engaged in legitimate business. Therefore, the lower court erred by misapprehending the facts and misapprehending the legal principles, which found the Defendant guilty of the facts charged in this case without the intent to commit each of the crimes
B. At the first trial date of the trial of the first instance, the defendant’s attorney with the sentencing unfair statement to the effect that “In the event the defendant is found guilty,” the defendant’s defense counsel stated the grounds for appeal as “misunderstanding of facts and misapprehension of legal principles,” but in the final statement of opinion, the defendant’s defense counsel stated that “in the case of the defendant’s conviction, to the maximum extent possible, the defendant’s defense should be cut off” (see the first trial protocol of the trial of the first instance), and the reasons for appeal withdrawn on December 31, 2020 also stated the same purport (see, e.g., the reasons for appeal
The punishment of the court below (two years of imprisonment, the number of punishments for 5 through 7, the number of punishments for 2 (70) and 118 of the evidence Nos. 3 (119)) is too unreasonable.
2. Determination on the misapprehension of facts and misapprehension of legal principles
A. The lower court found the Defendant guilty on the ground that the Defendant could have sufficiently known that the Defendant’s act was related to the phishing crime at least, on the following grounds: (a) the process of reporting the job offer notice posted in AC, the procedure employed by the Defendant in contact with the said phishing staff and the content of conversations divided by the said phishing staff in the process; (b) the Defendant received instructions from the said fessing staff prior to receiving cash from the victims; (c) various documents delivered by the Defendant to the victims; (d) the situation at which the Defendant wired the money to the victims according to the above fessing staff instructions; and (e) the payment criteria and amount of the Defendant’s paid allowances.
(b)review each party;