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The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B A person shall be punished by imprisonment for a year and six months.
seizure.
Reasons
1. Summary of grounds for appeal;
A. Defendant A was aware of the fact that Defendant A had been aware of his deception by deceiving H residing in China that he would transport sports earth and sand, but was not aware of the fact that he was involved in the phishing crime, the lower court found the Defendant guilty of the facts charged by misunderstanding the fact, and even if not, the lower court’s sentence that sentenced the Defendant to imprisonment with prison labor for a year and six months and forfeiture is unreasonable.
B. As to Defendant B ①’s crime No. 1 of the 2015 Highest 1332, Defendant B’s judgment, the Defendant received money from the account holder in the name of the victim and delivered the money to the account holder after the victim deposited money into a specific account, and thus, the Defendant is only a crime of aiding and abetting and abetting and punishing the Defendant as a joint principal offender by misunderstanding the fact, and even if not, the lower court’s sentence of imprisonment with prison labor for one year and forfeiture is too unreasonable.
(c)
Defendant
C The sentence of the court below that sentenced the defendant to be sentenced to 10 months of imprisonment and forfeiture is too unreasonable.
(d)
The above sentence of the lower court against the Defendants by the Prosecutor is too unfasible and unreasonable.
2. Determination as to the misunderstanding of facts by Defendant A and B
A. (1) As to Defendant A’s misunderstanding of facts, the lower court determined that it was sufficient to recognize the fact that the Defendant committed a crime with the knowledge of the fact that the Defendant was Bophishing in light of the following circumstances, which can be acknowledged by the evidence produced by the lower court.
The crime of this case is a structure in which Defendant B delivers money received from Defendant B’s liability to Defendant A, and if Defendant A supervises Defendant B and delivers money received simultaneously to another accomplice, the accomplice send money to China.
On the other hand, the private sports soil fund is withdrawn.