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(영문) 서울중앙지방법원 2019.11.21 2019노2568

사기등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (the mistake of facts or misapprehension of legal principles, and unreasonable sentencing) 1) did not recognize the fact that he was involved in the criminal act of singing out money deposited in a bank account under another person’s name by using the physical card and its password under the direction of an employee of the organization of singing out a criminal act. It cannot be viewed that he was liable for a crime of sing out a criminal act of sing out a criminal act of sing out a criminal act of fraud of this case, separate from the fact that he was liable for the crime of sing out a criminal act of sing out a criminal act of sing out a criminal act of this case. 2) The punishment imposed by the lower court (one and half years of imprisonment, and confiscation) is too unreasonable.

B. The above sentence imposed by the court below is too uneasible and unfair.

2. The lower court also made an assertion as to the assertion of mistake of facts or misapprehension of legal doctrine as alleged in this part, and the lower court, after explaining specific facts and circumstances in the part concerning “judgment on the defense counsel’s assertion,” and in light of this, it is reasonable to view that the Defendant was aware of the fact that he/she was involved in the crime of Bophishing, and therefore, determined that he/she was liable for a crime as a co-principal of each fraud of this case.

Examining the evidence and records duly adopted and examined by the court below, it is justified to recognize the facts and circumstances of the court below as well as its judgment based thereon. This is more so in light of the following facts and circumstances acknowledged by the above evidence. A.

The crime of Bosing is an organized crime committed in intelligence by using various organizations, such as total books, incentives deceiving victims, means of access, means of access, means of access, cash withdrawals, and remittances. It is common that the crime is committed in the successive form of public offering among the above persons.

(b).