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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 부산지방법원 2014.10.07 2014노1362
사기등
Text

The judgment below

Of them, the part on the defendant KP is reversed.

Defendant

KP shall be punished by imprisonment with prison labor for a year and April.

evidence of seizure.

Reasons

1. Summary of grounds for appeal;

A. Defendant KP’s imprisonment (one year and eight months of imprisonment and confiscation) is too unreasonable.

B. The judgment of the court below that found the Defendant guilty of the facts charged in this case in the absence of a criminal intent, on the grounds that the Defendant erred in the misunderstanding of facts (hereinafter referred to as the “Defendant KS”) was unaware of the circumstances that the above passbook, etc. was used in committing the crime at the time of transferring the passbook,

Dob. The sentence of the lower court on the grounds of unreasonable sentencing (the fine of three million won) is too unreasonable.

2. Determination

A. The crime of Defendant KP’s participation in the judgment on the assertion of unfair sentencing is a telephone financial fraud (hereinafter “singing”), which causes a big harm to society, and part of the principal offenders shared the role of the said Defendant, etc. in the form of an organization by sharing the role of the said Defendant, etc. in the criminal organization by operating the crime of “singing” in a systematic and planned manner with a view to an unspecified number of victims, and the amount of the defrauded’s damage is not recovered, and the nature of the crime is extremely poor. The above Defendant withdrawn the remittance amount of victims and delivered it to the remittance book so that it is de facto impossible to track the funds acquired by the victims, and made it possible for the principal offenders abroad to easily enjoy criminal proceeds, thereby contributing to the completion of the crime of “singing” and contributing to a decision-making contribution, not only to the act but also to recruit the account holder to use them from the third parties, and also to monitor the account holder from the crime in China, and the Defendant continued to engage in the crime with the above accomplice and the above accomplice in China for a relatively long period of time.

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