Defendant

B The appeal filed by the Prosecutor and the appeal filed by the Prosecutor are all dismissed.

1. Summary of grounds for appeal;

A. Defendant B (misunderstanding of facts, misunderstanding of the law, and Sentencing) (1) The Defendant was unaware of the fact that the withdrawn and remitted money was acquired through Bohishing, and the Defendant did not participate in K or A’s fraud.

(2) The sentence sentenced by the first instance court (one year of imprisonment with prison labor, two years of probation, observation of protection, community service) is too unreasonable.

B. The sentence sentenced by the first instance court to the Defendants (for each of the Defendants’ imprisonment with prison labor, two years of suspended execution, observation of protection, community service) is too uneased and unreasonable.

2. Determination

A. The first instance court’s judgment on Defendant B’s misunderstanding of the facts and the legal misunderstanding argument can sufficiently recognize the facts involved in the instant crime, in collusion with K or A with intent to commit the crime, even if the Defendant had an awareness of the illegality, and dolusent intent to commit the crime, based on the circumstances stated in its reasoning.

The decision was determined.

In light of the evidence and records duly adopted and investigated by the first instance court, the first instance court's judgment is just and acceptable, and there is an error of misunderstanding of facts or misunderstanding of legal principles as alleged by the defendant.

shall not be deemed to exist.

B. There is no change in circumstances that may be considered in sentencing after the judgment of the first instance court for determining the unfair argument of sentencing. Considering the circumstances asserted by Defendant B and the Prosecutor on the grounds of appeal, the first deliberation sentence against the Defendants is too weak, or the sentence against Defendant B is too unreasonable, even in light of the circumstances asserted by Defendant B and the Prosecutor on the grounds of appeal.

3. In conclusion, since the appeal by Defendant B and the appeal by the prosecutor against the Defendants is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.