전기통신금융사기피해방지및피해금환급에관한특별법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. Summary of grounds for appeal;
A. The Defendant (unfair sentencing)’s punishment (one year of imprisonment) is too unreasonable.
B. Prosecutor 1) In the instant facts charged, the lower court acquitted the Defendant on this part of the charges, although it was sufficiently found by relevant evidence that there was a violation of the Special Act on the Prevention of Damage to Telecommunications Financial Services and the Refund of Damage to Victims C on February 27, 2015, among the facts charged by misunderstanding of facts and misunderstanding of legal principles, the lower court acquitted the Defendant on this part of the charges. The lower
2) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.
2. Determination of the Prosecutor’s misunderstanding of the facts and misapprehension of the legal doctrine
A. The summary of this part of the facts charged D, E, and F shall invite and deliver a passbook to be used in the crime of the Chinese Bosing Organization, and the above Bosing Organization shall spread after recording the so-called Mesing “Mesing” and the victim’s self-defacing mode to receive money by misrepresenting the victim with his name.
The Defendant, D, E, F, and G expressed intent to withdraw the money deposited in the passbook and deliver it to the Chinese Bosing Organization, by misrepresenting it. The Defendant, D, F, and G expressed that the money deposited in the passbook would be returned to the Chinese Bosing Organization.
D, E, and F, around February 27, 2015, after taking over a passbook (P) in the name of the foreign exchange bank from O, it transferred to the Chinese Boscing organization. On the same day, the Chinese Boscing organization called the victim C through the Mescing on the same day, and then made C deposit of KRW 5,830,00 in the above foreign exchange bank account. The Defendant and D, E, F, and G withdrawn the money deposited together with the Defendant and D, F, and G.
The defendant's purpose is to commit telecommunications financing fraud in collusion with D, E, F, G and his name in collusion.