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(영문) 수원지방법원 2017.04.14 2016노5859
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal 1) Defendant (1) was found to have withdrawn and delivered cash to the employees of Bosing phishing, but it was merely known that the Defendant did not participate in the Bosing phishing crime, but withdrawn the money from the customer at the overseas purchase agency site. Thus, there is no criminal intent or conspiracy relation for defraudation.

(2) The sentence of the lower court’s unfair sentencing (a year and six months of imprisonment, a suspended sentence of three years, a community service work 120 hours, confiscation) is too unreasonable.

2) The Prosecutor’s sentence is too unhued and unreasonable.

2. 1) In full view of the following circumstances acknowledged by the lower court based on the evidence duly admitted and investigated by the lower court regarding the Defendant’s assertion of mistake of facts, the Defendant was aware that at least the Defendant served as a liability for the withdrawal of the Washington crime, and that the Defendant was taking part in the commission of the commission of the commission of the criminal act by the employees of the Washington.

I seem to appear.

① The Defendant agreed to receive 5% of the money delivered through a simple work to lend the account and withdraw and deliver the deposited money, and sought confirmation as to who is to deliver the cash. However, the Defendant’s instructions were avoided specific explanations.

(2) The actual defendant thought that he/she was abnormal in delivering cash withdrawn by the investigative agency.

The statement was also made.

③ In light of the academic background, age, etc., the Defendant appears to have been aware of the fact that the phishing crime is a social problem. It is difficult to readily understand that the Defendant believed that the phishing crime was a member of the said phishing organization without checking the actual existence of “I”, an enterprise operating the phishing organization.

Therefore, this part of the defendant's assertion is rejected.

2) Determination on the Defendant’s wrongful assertion of sentencing by the Defendant and the Prosecutor is made.

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