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(영문) 대전지방법원 2020.02.13 2019노3068

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than four years and six months.

Reasons

1. Summary of grounds for appeal;

A. Prosecutor 1) In determining the facts on December 3, 2015, the crime of fraud committed by the Defendant on December 3, 2015 is a crime committed by the DJ, a member of the site two teams of Bosing Organization, the Defendant is liable to commit this part of the crime in accordance with the principle of the co-principal. It is reasonable to view that the Defendant is liable to commit this part of the crime in accordance with the principle of the co-principal. 2) The sentence of the lower court on unreasonable sentencing (four years of imprisonment) is too uneas

B. The lower court’s sentence is too unreasonable, which is too unreasonable.

2. The telephone financial fraud group, which has a base for Chinese comparison of the prosecutor's argument of mistake, constitutes a “scam team,” a “scam team,” a “scam team,” a “scam team,” a “on-site team,” which recruits victims by misrepresenting the investigators and prosecutors of the Seoul Central District Prosecutors’ Office, and a “scambling team,” a “scambling,” which is responsible for collecting damages by misrepresenting a lending company, and a “on-site team,” which is responsible for withdrawing damages, collecting, delivering, exchanging, and conducting on

The Defendant, using the name of “C” from the “S” check team of the said Telecommunications Financial Fraud Group, assumes the victim’s phone call to an investigative agency, such as the prosecutor’s office investigator and prosecutor, etc., and at the same time belongs to the victim, distributes personal information (DB) of the victims, and takes charge of the head of the team managing the team members.

On December 3, 2015, according to the aforementioned division of roles, the Defendant, at around December 3, 2015, made a false statement that “A person who was unaware of the name and the cause of the organization called “a transfer of money to another person’s body value because he stolens children.” The Defendant acquired the said money by means of receiving KRW 20 million from the victim to L bank account in the name of L. A.

The summary of this part of the facts charged

B. In full view of the circumstances in the judgment below, the lower court determined that the crime of fraud committed on December 3, 2015, by the evidence presented by the prosecutor, was committed by the organizing member of the Inspection Team.