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(영문) 인천지방법원 2020.05.14 2019노2929
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that, for three years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (unfair punishment) sentenced by the lower court to the Defendant (one year and six months of imprisonment, three years of suspended execution, two hundred hours of community service order and confiscation) is too unreasonable.

B. Prosecutor 1) Recognizing the fact that the Defendant conspireds with the intent to jointly process the Defendant’s crime of Bophishing fraud in light of the Defendant’s power of mistake of facts, the content of the Kakakakao conversation with the Defendant’s name in light of the Defendant’s partial statement, and the Defendant’s role in the Defendant is recognized as functional control over the Defendant in the crime of Bophishing fraud as the withdrawal of the damage amount, the lower court’s decision that did not recognize the Defendant’s joint principal offense of fraud was erroneous in misunderstanding of facts. 2) The

2. The judgment of the court below (the part concerning the determination of facts by the prosecutor) is based on the evidence duly adopted and investigated by the court below, that is, ① the so-called Bosing fraud crime, like the instant case, is divided into “total liability”, “inducing liability”, “management liability”, “cash collection liability”, and “transfer liability”. Since accomplices in charge of each function are closely connected with each other in order and complete the entire crime. Thus, unless a certain role is performed properly, the success of the crime cannot be expected, and eventually, the accomplices in charge of each function should be deemed to have functional control through the intrinsic contribution to the crime. ② The contents of the instant crime committed by the Defendant are the typical form of remittance liability for the crime of Bosing, and ③ However, the Defendant was given letters through Bosing staff and Kakao Kao Stockholm, and considered that there was a lot of phishing, “Ising” and “Isknishing investment.”

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