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(영문) 서울서부지방법원 2014.08.22 2014노707

사기등

Text

The appeal filed by the prosecutor and the Defendants shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the court below against the Defendants (one year of imprisonment) is too heavy.

B. The lower court acquitted the Defendants of this part of the facts charged, despite the fact that the Defendants conspired to commit an offense in violation of the Electronic Financial Transactions Act, which acquired the means of access, such as cash cards, etc., to use the scaming fraud, on the part of the Defendants.

(2) The lower court’s sentence on the Defendants is too weak.

2. Determination

A. We examine the determination of the prosecutor's assertion of mistake of facts against the Defendants. As to the violation of the Electronic Financial Transactions Act with regard to 2-14 of the attached list of crimes among the charges against Defendant A, and the violation of the attached list of crimes (5) Nos. 2-20 among the charges against Defendant B, the Defendants are merely an internal delivery of the means of access, the acquisition of which has already been completed, among the accomplices of the fraud, and thus it is difficult to regard the Defendants as an act of taking over the means of access prohibited under the Electronic Financial Transactions Act. In light of a thorough examination of the evidence duly adopted and examined by the lower court, the lower court's determination is justifiable, and thus, the Prosecutor's assertion of mistake of facts against the Defendants is rejected.

B. The Defendant’s judgment on the assertion of unfair sentencing by the Defendant and the prosecutor against Defendant A, as to the assertion of unfair sentencing by the Defendant, is seriously against the Defendant while making a confession in the instant crime, falls under a simple executor, the primary offender, the acquisition of only a part of criminal proceeds, the acquisition of a part of the Defendant’s wife, the application of the Defendant’s wife, the Defendant’s age and lack of social experience, and the Defendant’s participation in the instant crime, and the Defendant’s contribution, blood donation, volunteer service, commendation, and commendation.