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(영문) 의정부지방법원 2018.10.30 2018노2206

사기등

Text

The judgment below

Among them, the remainder, excluding the part on confiscation of Defendant B and the part on the return of the victim, shall be reversed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence against the Defendants by the prosecutor (one year of imprisonment, confiscation, Defendant B: one year of imprisonment, confiscation, Defendant C: one year of imprisonment, one year of suspended execution, two years of suspended execution, and confiscation) is too unfluent and unfair.

B. Defendant A and B1 did not have the awareness that the Defendants were involved in the commission of the phishing crime. Defendant A and B1 did not have any awareness that the Defendants were involved in the phishing crime.

2) The lower court’s punishment against the illegal Defendants is too unreasonable.

2. Determination

A. Defendant A and B’s assertion of misunderstanding of facts was denied when the lower court acknowledged all the facts charged in the instant case.

However, the following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., ① the Defendants: (a) the instant Bosing organization deemed the Defendant to merely evade taxes or tax on behalf of its customers; and (b) the Defendants merely stated that the Defendant paid KRW 1,50,000 per day by delivery of physical cards or money from another person is excessive for labor; (c) the Defendants do not have any circumstance to find out whether the said company actually exists; (d) the Defendants do not actually have any circumstance to find out whether the Defendant was a company; (c) the Defendants received instructions from the Defendants through the telegram, and received education to delete the message on the day; and (d) the Defendants received education to delete, which is considerably different from the general company’s business handling method; and (d) the Defendants’ role of withdrawing or remitting the money deposited in another person’s account through the physical card is widely known to the public’s act of withdrawal or transfer of money through the media.