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(영문) 서울중앙지방법원 2021.02.02 2020노3066

사기등

Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

The prosecutor's appeal is dismissed.

Reasons

Summary of Reasons for appeal

A. The sentence of the lower court (one year and four months of imprisonment) is too unreasonable.

B. Prosecutor 1) misunderstanding of the facts and legal principles (as to the violation of the Act on Fraud and Electronic Financial Transactions), the Defendant selected the organization members to play a key role in the crime of violating the Act on Fraud and Electronic Financial Transactions, and sent them to China. Thus, it can be acknowledged that the Defendant committed the crime of violation of the Act on Fraud and Electronic Financial Transactions in collusion with the employees of Bosing sing singing sing sing sing sing sing sing sing sing sing sing sing sing sing sing sing sing sing sing sing

2) The above sentence of the lower court’s improper sentencing is too unhued and unreasonable.

2. Determination

A. Judgment 1 on the Prosecutor’s misunderstanding of the facts and misapprehension of the legal principles 1) The lower court’s determination is based on the evidence duly adopted and investigated by the lower court, i.e., the following facts or circumstances acknowledged by the lower court, i.e., ① the Defendant did not share an act of commission by directly participating in the commission of a fraudulent act or an electronic financial transaction act as stated in the primary facts charged of this case; ② the Defendant does not control or neglect the organization of the crime of Bosing, such as C, and ③ the Defendant introduced K in return for the introduction of a hacks necessary for the crime that the Defendant

As such, it is not clear whether there was a distribution of profits, such as the Defendant’s receipt of a part of the profits from the commission of the phishing crime, such as C, etc., (4) it is not clear whether or not there was a distribution of profits. (5) The crime of violation of the Electronic Financial Transactions Act was committed by C, etc. to facilitate the phishing crime.