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(영문) 서울동부지방법원 2020.08.14 2020노543

사기

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.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (one year of imprisonment) is too unhued and unfair.

B. Defendant (1) Inasmuch as the Defendant thought that it was a business assistance for cash transactions by a fund management company for misunderstanding of facts, and only received and remitted cash, and did not have an intent to participate in the crime of Bophishing, there is no conspiracy with the employees of Bophishing.

(2) The above sentence imposed by the lower court of unreasonable sentencing is too unreasonable.

2. Determination

A. The court below found the defendant guilty of the facts charged in this case by taking account of the circumstances acknowledged by the evidence duly admitted and investigated. The court below held that the defendant received the mobile phone text message stating that he received the above mobile phone account No. 25-7 grams from a person who received cash transfer from a person who received cash transfer before he or she delivered cash. The defendant's receipt on December 19, 2019, "on the request of the head of the SU company V team, he or she would have received the cash transfer from the person who received the above mobile phone No. 25-7 grams," and "on the request of the head of the SU company V team, he or she would have received the above mobile phone account No. 14:57:25 on December 19, 2019."