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(영문) 서울서부지방법원 2021.02.18 2020노1463

범죄단체가입등

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (misunderstanding of facts and Sentencing 1) The Defendant did not have engaged in any activity by joining the phishing criminal organization, and there is no fact that the Defendant conspireds with the phishing organization to obtain money from the victims.

2) The sentence sentenced by the lower court to the Defendant (two years of imprisonment, etc.) is too unreasonable.

B. Defendant B (unfair sentencing)’s punishment sentenced by the lower court (three years of imprisonment, etc.) is too unreasonable.

2. Determination

A. The judgment on Defendant A’s assertion of misunderstanding of facts is limited to “Defendant A” in this paragraph.

In light of the following facts and circumstances recognized by the court below after lawful adoption and investigation, the defendant's assertion that the date of attendance at the Bosing Organization's office is limited to the date of attendance at the Bosing Organization's office, other than Q's failure to return a passport from Q to Korea, and that he only stayed in the accommodation is difficult to believe, and the defendant was admitted to the Bosing Organization's membership in the Bosing Organization during the period of his residence in China and participated in the act of acquiring the Bosing Organization after attending the Bosing Office.

The decision of the court below is just and there is an error of law by mistake of facts alleged by the defendant.

subsection (b) of this section.

1) The Defendant left China with the knowledge of the fact that he was engaged in the work related to licensing, and was working as a counselor by going to work at the Bosing Organization Office from the day following the arrival of China, and by misrepresenting the investigator, and making a telephone, etc.

2) At the time, the Defendant was living together with the Defendant.

In light of the statements made by Q and T, the Defendant appears to have worked in the Bosing Office for most of the years in which Q and T reside in China and worked as a counselor.

Q is the defendant at the time of attendance at the Bosing Office in the court of the court below.