전기통신금융사기피해방지및피해금환급에관한특별법위반등
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for two years.
Seized evidence 1.
1. Summary of the prosecutor's grounds for appeal;
A. Defendant A’s appeal 1) Of the judgment below, Defendant A’s assertion of the misapprehension of the legal principle as to the acquitted portion is the withdrawal of the singishing organization, and the Special Act on the Prevention of Telecommunications-based Financial Fraud and Refund of Loss (hereinafter “Special Act
(2) In light of the legal principles as to the establishment of accomplices, the lower court acquitted the Defendant. 2) Taking account of the various circumstances of unreasonable sentencing, the lower court’s punishment against the Defendant (two years of imprisonment and of confiscation) is too unreasonable and unfair.
B. In light of various circumstances in the appeal against Defendant B, the lower court’s imprisonment (two months of imprisonment and confiscation) against the Defendant is too uneased and unreasonable.
2. Judgment on the Prosecutor’s assertion of misunderstanding the legal principles as to Defendant A (the acquittal portion of Defendant A in the judgment of the lower court)
A. On March 31, 2015, the summary of this part of the facts charged reveals that an employee in charge of telecommunications-based financial fraud from the name-based financial fraud organization assumes the Seoul Central Library investigator by putting a phone call to the victim H located in Suwon-si, and falsely makes the victim enter financial information, such as the security card number and password of the bank account in the name of the victim, by allowing the victim to access the phish site (I), and then transfer 4.3 million won deposited in the said account to the J-based financial fraud-based financial fraud-based financial fraud-based financial fraud-based financial fraud-based financial fraud-based financial fraud-based financial fraud-related company account without authority after unauthorized access of the victim to the victim’s national bank account on the same day, and the Defendant, who was in possession of prior cash withdrawal instructions from F, the total Chinese books of the telecommunications-based financial fraud-based financial fraud-based financial fraud organization, deposited the amount of damage to China’s total account managed by China F.F.
The defendant shall be the defendant.