beta
Text
Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles: (a) although there was a fact that the Defendant received money at the request of ASEAN or withdrawn money from another person and deposited money into the account known to ASEAN; (b) however, C did not have any intention to do so because C was unaware of doing so.
Nevertheless, the lower court convicted the Defendant of the charges of this case that the Defendant participated in the Defendant’s joint principal offense of committing the instant Bosing solely with each of the statements and other circumstantial evidence at H’s investigative agency and court of the lower court without credibility. In so doing, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
2) Even if a crime of fraud is established against an illegal defendant in sentencing, the sentencing of the lower court (two years of imprisonment, confiscation) is too unreasonable.
B. The above sentencing of the prosecutor’s court below is too unfortunate and unfair.
2. Determination
A. As to the assertion of misunderstanding of facts and legal principles, the lower court rejected the Defendant’s assertion in detail, on the ground that the Defendant alleged the same purport as the grounds for appeal of this case, and on the ground that the lower court stated the Defendant’s assertion and its judgment in detail.
In light of the evidence duly adopted and examined by the court below and the following circumstances acknowledged by the court below’s own court testimony, the above judgment of the court below is just and acceptable. Contrary to the defendant’s assertion, the court below did not err by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.
Therefore, we cannot accept the Defendant’s mistake and misapprehension of the legal doctrine.
H In the police, “The Defendant, at the end of the Republic of Korea, will be reported well to the Korean people.”
at the same time, he shall be entitled to this day.