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(영문) 서울남부지방법원 2017.02.16 2016노1391

사기등

Text

All judgment of the court below shall be reversed.

Defendant

A and B Imprisonment for three years and four months, and Defendant C for two years and four months, respectively.

Reasons

1. Summary of grounds for appeal;

A. The Defendants committed so-called telephone financing fraud. The characteristic of the crime is that the role of the conciliation staff is thoroughly divided into a total book, the solicitation of passbook, the withdrawal and delivery book, money exchange remittance book, counseling book, etc., and anyone can be the victim of the crime.

In addition, the telephone finance fraud has a characteristic that it is difficult to detect because the general responsibility and call center are in a foreign country and the communication of intention is made anonymous through the Messens.

Even if the detection is made, it is difficult to expect the recovery of damage by being laundry after being laundry.

Defendant

A In the organization, the so-called “delivery and surveillance liability” plays a role in the delivery of “the rest of the Defendants,” and the objective cannot be achieved if the role in a certain phase of telephone financing fraud is not fulfilled properly. As such, each of its members should be considered to contribute actively to the crime of fraud regardless of the roles assigned to him/her.

When considering the harm and necessity of eradicating such crime of telephone financing fraud, the punishment imposed by the court below is too low and unfair.

B. Defendant A 1) Defendant A’s assertion of misunderstanding of facts is recognized as the facts charged, but it is denied that the victims played a role to monitor the scene where cash is delivered.

Defendant

A, in receipt of money from a person who has suffered damage, only plays a role in delivering the money to another person, and did not play a role as a manager of monitoring the site.

Defendant

A At the time of investigation, the prosecutor did not properly understand the nature of questions about the guidance role of the prosecutor's office in the field surveillance, and responded to the role of monitoring the victim.

However, the whole purport of the suspect examination protocol is required.