사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the above punishment for a period of two years from the date this judgment becomes final and conclusive.
1. According to the summary of the grounds of appeal ① As to the acquittal portion of the judgment of the court below on the charge (the charge of each fraud in this case) and the evidence submitted by the prosecutor, the court below erred by misapprehending this part of the facts and adversely affecting the conclusion of the judgment, although it can be sufficiently recognized that the Defendant was aware that he was involved in the crime of fraud as an aiding and abetting, in relation to the crime of this part of the facts charged.
(2) The punishment sentenced by the court below to the defendant (in 10 months of imprisonment) is too heavy, or is too unhutiled and unhued.
2. Judgment on the assertion of mistake of facts
A. The summary of this part of the facts charged is that the Defendant conspired with the Defendant, such as the person using the name of “D”, who used the name of “D”, and instead made many unspecified people pay money to the investigation agency by telephone, etc., with the intention of receiving money by the so-called “Sscaming” method, which makes it possible for the Defendant to do so, and the telephone financial fraud officers to have the victims transfer money to the designated account by telephone, and the Defendant would have the victims keep and deliver the money by using the physical card and other access media, and withdraw the money by using the physical card, etc., and then receive KRW 20,000 per day.
(1) On November 1, 2017, when the location of around 09:00 on November 1, 2017 is unknown, an employee of the telephone financing fraud assistance against the victim U is an employee of the JT-friendly Savings Bank, who is a member of the JT-related Savings Bank, and it is possible to make a loan to pay the repayment ability assessment to verify the ability to repay the loan.
The loan will be made if we send the money for the evaluation of repayment ability to the account known by us.
“A false statement” and its affiliation shall be made on November 2017 from the person who suffered damage.