사기등
The defendant's appeal is dismissed.
The judgment below
The phrase "one year and six years of imprisonment" in the order shall be corrected to "one year and six months of imprisonment".
1. Summary of grounds for appeal;
A. Of the instant facts charged, the part on the charge of fraud in the misapprehension of the legal doctrine (specificness of the facts charged as to the fraud) did not specify the facts charged.
B. Fact-misunderstanding (as to fraud), the Defendant was merely engaged in the collection of passbooks, cash withdrawal, etc. as a door-to-door sales business operator, and there was no person in the name-to-door criminal conduct.
(c)
The sentence of the court below which is unfair in sentencing is too unreasonable.
2. Determination
A. In light of the above legal principles, the court below rejected the above assertion by misunderstanding the defendant's assertion and its judgment in detail in the column of evidence among the judgment of the court below. In comparison with the above judgment of the court below, the judgment of the court below is just and it is not erroneous in the misunderstanding of legal principles, which affected the conclusion of the judgment.
Therefore, the defendant's misapprehension of legal principles is without merit.
B. The following facts can be acknowledged in full view of the evidence duly admitted and examined by the lower court that found the facts.
(A) On April 13, 2015, the Defendant received each physical card and password from C on a deposit account (Account Number N), post office deposit account (Account NumberO), and bank account (Account Number I) in Korea bank account (Account Number I).
(B) From April 13, 2015 to April 14, 2015, as indicated in the list of crimes attached to the judgment of the court below, the 16 victims, including the victim F, etc., such as the victim F, or by deceiving them as if they were to sell mobile phones, so that the 19,989,000 won was remitted to the Busan Bank in the name of G, the above bank, the Saemaul Bank, the Saemaul Bank, and the post office deposit account in the name of G, and the Defendant withdraws the money that the victims remitted to the deposit account in the name of C according to the direction of the phisher.