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(영문) 서울서부지방법원 2019.09.26 2019노950

사기

Text

The judgment below

The remainder, excluding a compensation order, shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and four months.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was aware of the fact that the Defendant merely collected cash in accordance with the direction of a person who was unable to do so, after hearing the word “high-profit Abrypt,” and that it was related to Bophishing.

B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and investigated by the court below as to the assertion of mistake of facts: (a) the defendant's role in this case presented documents under the name of the Governor of the Financial Supervisory Service and sent cash from the victim to the account directed by "C" while misrepresenting himself/herself as an accomplice; (b) the defendant was aware of the fact that he/she conducted the exchange of money for illegal gambling; and (c) he/she stated that "the defendant was aware of the fact that he/she was in charge of the exchange of money for the exchange of money for the exchange of money; (d) he/she was aware of the first day; and (e) he/she was thought to be illegal as he/she was aware of the first day; and (e) the defendant had a talk about the cash receipt business of this case between D and D; and (e) the defendant stated that "I would like to receive the money before the horse," and that "I would like to do so." (f) The defendant was aware of the fact that he/she received the money for the exchange of money for the exchange of this case."