사기등
All appeals by the defendant and the prosecutor are dismissed.
- 1 Deliberation compensation order shall be revoked.
. The applicant.
1. Summary of grounds for appeal;
A. (1) The Defendant, misunderstanding the facts, and misunderstanding the legal principles, committed the act of withdrawal and remittance by deceiving D, and did not recognize that it was a phishing crime.
Even if the error is found, it is not a joint principal offender of the crime of fraud and the violation of the Electronic Financial Transactions Act, but a aiding and abetting offender. The first deliberation sentence of sentencing (one year and two months of imprisonment) is too unreasonable.
(b) The first deliberation sentence of the Prosecutor (unfair sentencing) is too uneasible and unfair.
2. Determination
A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the first instance court and the first instance court as to the Defendant’s assertion of misunderstanding of the facts and the legal doctrine, the Defendant clearly or dolusently recognized that the instant crime was a so-called Bosing crime.
Recognizing that it is recognized, since it has functional control over the crime through the intrinsic contribution to the crime as well as implied conspiracy for the entire crime, it is a joint principal offender for the crime of violation of the Act on Fraud and Electronic Financial Transactions.
The defendant's factual mistake and misapprehension of legal principles are without merit.
① The so-called phishing crime, like the instant case, is an organized crime committed in the form of acquiring the defrauded by means of an access medium recruitment book, delivery book, cash withdrawal book, remittance book, surveillance book, etc. after deceiving the victims by means of very intelligent and simple means of inducement.
Since each role sharing person's crime was committed thoroughly in the form of an occupied organization without knowing each other, it is common that the conspiracy to commit the crime is made in sequence.
② The Defendant received instructions from accomplices in committing the instant crime, and took charge of withdrawing and remitting the money obtained by deceit deposited in the name of the “Spoot passbook” in cash and remitting it to the account designated by the accomplice, upon receipt of the instructions from accomplices.