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(영문) 인천지방법원 2019.08.30 2019노179

사기

Text

The judgment of the court below is reversed.

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. The summary of the grounds for appeal (the mistake of facts and misapprehension of legal principles) is established in a crime of fraud because the defendant was aware that he was involved in the commission of the phishing crime with dolus negligence.

2. In the trial of the case, the prosecutor ex officio made an application for changes in indictment with regard to the changes in the facts charged and the addition of Article 32 of the Criminal Act to the applicable provisions of the Act as stated in the judgment which re-written the facts charged of this case. This court permitted this and changed

Therefore, the judgment of the court below cannot be maintained as it is.

3. The judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's assertion, and the judgment below is reversed and it is again decided as follows.

[C] The court below held that the Bophishing criminal organization, which is managed by the general responsibility on the summary of the facts charged, is an organization composed of the inducement by deceiving the amount of damage by deceiving the amount of damage by making a false statement of intent to contact many unspecified victims, the collection of the amount of damage by collecting the amount of damage, the collection of the amount of damage by collecting the amount of damage from the large account and the collection of the amount of damage from the large account connected thereto, the withdrawal of the amount of damage deposited into the large account and the delivery of the amount of damage transferred to the sphishing criminal organization between the collection and the withdrawal

On April 13, 2018, the Defendant accepted the proposal with knowledge of the fact that the Defendant was an employee in charge of the crime of singinginging out the name, who was unaware of the name, and was aware of the fact that the Defendant was an employee in charge of the crime of singing out the name, “a loan can be made at a low interest rate from the E bank. To grant a loan, you need to make a specification of transactions, and if you deposit money, withdraw it

On the other hand, the above person under whose name the victim was not known on April 19, 2018, makes a false statement to the effect that "I need to be appointed as a certified judicial scrivener and his transaction performance for loans" to the victim D.