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(영문) 광주지방법원 2019.09.19 2019노1726

사기

Text

Defendant

A All appeals filed by the Defendants and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although Defendant A (De facto mistake and unreasonable sentencing) was aware of one’s own act as recovery of claims and did not know at all whether the Defendant was an act of aiding and abetting the singishing fraud by one’s names, the lower court recognized the Defendant’s intentional act of aiding and abetting the fraud, the lower court’s judgment was erroneous in misunderstanding of facts. 2) The lower court’s sentence (1 year and June) is too unreasonable.

B. Although the prosecutor (in fact-finding, unreasonable sentencing) 1) sufficiently recognizes the Defendant A’s intent on the solicitation of the withdrawal or remittance of the crime of Bosing, the lower court found the Defendant not guilty of this part of the facts charged and recognized only the crime of aiding and abetting fraud. The lower court did not err by misapprehending the legal principles. 2) The Defendant B did not recognize that the “Conditional loan” could be the applicable law for Bosing crimes.

Nevertheless, the judgment of the court below that the defendant did not have any intention to commit the crime of aiding and abetting fraud is erroneous.

3 The lower court’s sentence against Defendant A is too unhued and unreasonable.

2. Judgment on the assertion of mistake of facts against Defendant A and the prosecutor

A. The summary of this part of the facts charged is that the Defendant, from November 9, 2018 to his mobile phone, notified the Defendant of the place and amount of money to be delivered to the Defendant through the name victim (one named “C” agent, D) and the “E” of the Bophishing Organization, the Defendant, who moved to the place and took the role of delivering cash that the victims of Bophishing transferred the money to a specific account directed by the victims of Bophishing, and was paid the fee. While recognizing that the cash which the Defendant delivered to him was acquired as a criminal act, the Defendant was aware that it was acquired through fraud, the Defendant would receive the money from the victims in order to acquire the money from the victims.