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(영문) 서울중앙지방법원 2013.06.20 2013노1392
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Nos. 2 and 3, seized, from the defendant.

Reasons

1. Summary of grounds for appeal;

A. As to the fraud in the judgment of the court below, the defendant did not share the defendant's act of execution with C, etc. until the victim paid USD 3,500 to C, and there is no evidence to this. 2) As to the attempted fraud in the judgment of the court below, the defendant was merely made by C, and did not know whether it was for the crime, and there is no conspiracy relation.

B. Even if the defendant is liable for an unreasonable sentencing, he is an accomplice.

Even if the degree of participation is relatively minor, in light of the fact that the sentence of the court below (one year of imprisonment and confiscation) is too unreasonable.

2. Determination:

A. 1) As to the assertion of mistake of facts as to fraud, the defendant in this part of the facts charged, in collusion with D residing in Africa, and residing in Africa and Africa, residing in Korea, is pretended to be a limited business that wishes to make an investment in Category A or in the local territory, and Category C brings D's investment into Korea. The defendant is treated as US dollars, and the outer hair seems to be a fluorial color, but the original USD is revealed when the medicine is processed again (hereinafter referred to as "fluoral machine work").

It was planned to acquire other's property as if it was holding a large amount of business funds by sharing the role with B, etc.

On November 24, 2012, the Defendant in collusion with the above D and C, and D would like to invest USD 8,400,000,000,00,000,00 won, which is punished as gold in Africa, in Korea through e-mail to the victim E who had the e-mail address on the business Internet around November 24, 2012. C would have 30,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won.

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