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(영문) 서울중앙지방법원 2014.03.28 2013노4255
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendants thought that misunderstanding of facts would help the exchange of money related to illegal gambling games, but did not know that they would withdraw the money acquired as the instant telephone financial fraud crime, and there was no intention to commit fraud.

B. The first instance sentence of unfair sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. Regarding the assertion of mistake of facts, the following circumstances acknowledged by the evidence duly adopted and investigated by the first instance court: ① the Defendants took part in the crime of this case with the following contents: (i) the Defendants received education as to the method of carrying out the instant advertisement on June 2013; (ii) from August 8, 2013 to September 10, 2013, the Defendants are waiting for banks-populated regional coffee stores, etc.; (iii) the Defendants received cash cards or passbooks from the names of those who are in contact with the former from the latter; and (iv) deposited money deposited in the account under the latter’s name from the bank’s cash payment machine to the immediately deposit account; and (v) the Defendants were provided with the said cash card in one-time change of their branch offices; and (v) the Defendants were able to immediately withdraw money from the bank’s account under the name of the latter; and (v) immediately withdraw money from the bank’s official name and the head of the JJ bank’s official name.

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