Defendant

1. A. The judgment below is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

No. 5 through 11 of seized evidence.

1. Summary of grounds for appeal;

A. Defendant A1’s mistake of facts or misapprehension of legal principles is not a total liability for ordering the delivery of a passbook, but only part of the crime of this case was involved in the crime, and the form of participation also delivered the passbook according to the instructions of the staff of the singinginging operations, and it cannot be deemed that there was a functional control over the conspiracy or fraud with the employees of the singing operations. Thus, the Defendant is not a joint principal offender of the crime of fraud, but an aiding and abetting. 2) The sentencing division and (4) year imprisonment with prison labor, and confiscation) of the crime of this case

B. As to the violation of the Electronic Financial Transactions Act, which is found guilty of Defendant B (the original conviction) by mistake of facts or misapprehension of legal principles, the Defendant only received an order for delivery to cooperate in investigation, and reported all of the information on the instant crime to investigation agencies including the former North Korean Police Agency, and there is no criminal intent of violating the Electronic Financial Transactions Act. 2) From among sentencing sentence (the original conviction: 4 months of imprisonment and 2 years of suspended sentence)

C. Prosecutor 1) misunderstanding of facts against Defendant B (A) cannot be deemed to have committed this part of the crime with the intent of the Defendant to cooperate with the police’s investigation. Rather, even though the Defendant had the intent of aiding and abetting fraud and violating the Electronic Financial Transactions Act, it can be recognized that the Defendant committed the same crime as the facts charged, the lower court erred by misapprehending the facts.

B) The sentencing division (the first instance court: 4 months of imprisonment, the second year of suspended execution) and the sentencing division (the first instance court: 6 months of imprisonment and the second year of suspended execution) for Defendant C: the sentencing division and the subsequent sentence (the second year of suspended

2. Determination on Defendant A’s grounds of appeal

A. The lower court also asserted the same purport as the grounds for appeal in this part.

이에 대하여 원심은, 원심 증인 C, B의 법정진술 및 ‘AE’ 휴대전화번호의 사용자에 관한 정황 등을 종합하여, 피고인이 위챗...