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(영문) 대전지방법원 2014.08.21 2014노756

사기

Text

The judgment below

The guilty portion shall be reversed.

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

Of the facts charged in the instant case.

Reasons

1. Summary of grounds for appeal;

A. Prosecutor 1) In regard to the acquittal portion of the instant facts charged after August 9, 2013, among the instant facts charged, the Defendant recognized the fact that the Defendant worked as the team leader at the Bosing organization with D’s store. Since the Defendant entered Korea last on August 26, 2013, it shall be deemed that the Defendant participated in the crimes of Bosing up to August 26, 2013, and that the Defendant did not make any effort to prevent the crimes of Bosing, such as D, until the instant case is detained, and therefore, the Defendant cannot be deemed to have left the public recruitment relationship, and therefore, the Defendant’s liability as an accomplice is recognized.

B) As for the portion of the charge of not guilty of the Defendant’s charge, other than loan fraud, the part of the charge, which was punished by Korean arrested in Korea, was also remitted as well as the loan fraud method, so long as the aforementioned withdrawal method and the relationship between the organization of the instant Bosping, as long as the relationship between the aforementioned withdrawal method and the instant Bosping, the conviction of the Defendant on the part of the charge of the crime under the Family Seizure Act ought to be recognized. 2) The sentence (five years of imprisonment) imposed by the lower court on the

B. Defendant 1) In fact, although the Defendant did not act as the team leader managing team members, the lower court determined that the Defendant was in charge of managing the phishings by the team leader of the 5 team team of the Washington Center, and that the Defendant was responsible for the management of the phishings by deceiving the victim by telephone. In so determining, the lower court erred by misapprehending the fact regarding the scope of

B) On September 8, 2012, immediately after departure from China on September 8, 2012, the method of committing the phishing crime was educated between Korea and the actual participation in the crime from October 2012. As such, from September 9, 2012 to September 30, 2012 (No. 1 to 33 in the list of crimes) did not take part in the crime. C) As to the facts charged due to the method other than the loan fraud method, the judgment of innocence is rendered.