컴퓨터등사용사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
Of the facts stated in the facts charged in this case as to the summary of the grounds for appeal, it was known that the Defendant was using the money deposited in the account under the name of the Defendant after withdrawing the money deposited in the account under the name of the Defendant. However, there was no criminal intent of defraudation since there was no conspiracy to commit the phishing crime with any other persons, since there was no conspiracy to commit the phishing crime.
Nevertheless, the court below found the defendant guilty of this part of the facts charged, and the court below erred by misunderstanding facts and affecting the conclusion of the judgment.
The punishment sentenced by the court below to the defendant (three years of imprisonment) is too unreasonable.
Judgment
The judgment of the court below on the assertion of mistake of facts is based on the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, ① the Bosishing crime is an organized crime that is committed in the form of acquiring the money by obtaining access media through a telephone finance fraud group in Korea by forming an organization, such as a telephone finance fraud, a delivery book, a cash withdrawal book, a remittance book, etc., and ④ the defendant directly withdraws money through a large amount of cash deposit under surveillance by other accomplices, while recognizing a certain degree of circumstance that he was able to guide other accomplices to conduct a part of the crime, and ② the prompt withdrawal of the money by obtaining the account, etc. through which he was able to receive the money by fraud in the Asishing crime, and ② the prompt withdrawal of the money by taking advantage of the account, etc. through which he was able to receive the money by fraud in the course of the investigation agency’s tracking and acquiring the money by fraud. ③ The defendant not only received the fee from the Defendant’s passbook, etc., but also transferred his passbook and identification card in the process.