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(영문) 수원지방법원 2020.12.14 2020노5109

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

1. The court below found the defendant guilty of fraud and aiding and abetting fraud included in each of the above facts charged. The court below found the defendant guilty.

The Defendants and the public prosecutor filed an appeal only against the guilty portion of the judgment of the court below, and did not appeal against the acquittal portion of the above reasons.

Therefore, the part of acquittal in the reason is judged to be judged in the trial together with the guilty part according to the principle of no appeal, but this part has already been relieved from the object of the attack and defense between the parties.

Therefore, the scope of the judgment of this court shall be limited to the remainder except the part of acquittal of the above reasons among the judgment below, and the part of acquittal of the above reasons shall be determined separately by the court below's conclusion.

2. Summary of grounds for appeal;

A. Defendant 1) The Defendant alleged a misunderstanding of facts or a misapprehension of legal principles did not take part in the singishing crime, but did not transfer the Y U.S. dollars received from his employee to singishing with singishing. It was merely used as the tool of singishing, and there was no intention to commit the crime of fraud. 2) The Defendant deposited the amount equivalent to the amount of damage to the victim D, agreed with the victim E, and the amount of the Defendant’s participation is minor and less profits acquired. In light of the above, the Defendant’s imprisonment (six months of imprisonment) of the lower judgment is too unreasonable.

B. The prosecutor's defendant denied the intent of the crime and did not reflect, and the defendant, as if he was an employee of the Financial Supervisory Service, deceiving the victim and exchanged the U.S. dollars received from the victim, and remitted it to the account designated by the Agency of Bosing Organization in the name of the victim, and compared with the usual collection measures in cash for the crime of Bosing.