사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
except that, for three years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. Since the Defendant recognized the crime of this case as dolusorily and was in charge of the collection of the amount of fraudulent damage, the Defendant constitutes joint principal offenders by recognizing the intention of joint processing and joint execution.
Nevertheless, the lower court determined that only aiding and abetting the Defendant was established, and the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.
B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment, two years of suspended sentence) is too uneased and unreasonable.
2. Judgment on the assertion of mistake of facts
A. In the summary of the facts charged of the instant case, the researchers of the scaming organization made phone calls to many unspecified victims, and used them as if they were sexually abused, demanding the victims to receive money, and the so-called so-called “scams” collected cash from the victims to receive money again from the victims and then receive money from the victims.
On February 2, 2019, the Defendant took part in the so-called “passing fraud” in the so-called “passing fraud” by obtaining a proposal from the staff member of Bosing who is called “B” as a “singingman,” and obtaining a consent from the Defendant to offer at least a minimum of 300,000 won per case.
1 On March 20, 2019, at around 15:42, 2019, an employee of the 1struscing vessel called "h. He was sexually abused her," without any fact that she allowed the victim C to call to the victim C at an insular place, and called "h. He was sexually abused her husband's voice", and "I would not guarantee the life of his wife unless you send money to the victim."
On March 20, 2019, the victim delivered 3,50,000 won in cash to the defendant in front of the exit 3rd time in the area of the trade in the area of Sejong-gu, Seongbuk-gu, Sungnam-si on March 20, 201.
This is the defendant.