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(영문) 서울남부지방법원 2019.05.23 2019노102
사기
Text

The judgment of the court below is reversed.

The Defendants, not guilty, revoked the order of compensation by the lower court, and applied for compensation by the applicant.

Reasons

1. Summary of grounds for appeal;

A. Defendants (in fact-finding, misunderstanding of legal principles, and unfair sentencing) 1) misunderstanding of facts, and misunderstanding of legal principles only carried out money exchange business according to the direction of F operating a money exchange center without knowing that the money received from E was a source of damage caused by the crime of Bophishing. As such, there was no conspiracy to commit the crime of Bophishing, and there was no intention to commit fraud. Nevertheless, the judgment of the court below which found the Defendants guilty against the Defendants was erroneous, misunderstanding of facts or misunderstanding of legal principles as to joint principal offense, thereby affecting the conclusion of the judgment. 2) The punishment of unfair sentencing (one year and six months of imprisonment each) by the court below, which

B. The prosecutor (e.g., imprisonment) sentenced by the court below (e., one year and six months) is too unhued and unfair.

2. Judgment on the misunderstanding of facts and misapprehension of legal principles by the Defendants

A. The summary of the facts charged in this case is that the Defendants, who are the citizen of the People's Republic of China, agreed to commit a “singing” crime with a name-free box, etc., and the name-free persons are the victims by making phone calls to the victims, and they are sent to the E designated by the victims of name-free crimes under the direction of the victims of name-free boxes. They again deliver the money to the Defendant B. Defendant B, upon the direction of the F, delivered the above money from the Defendant A to the husband, according to the direction of the F. Defendant B, who received the money from the husband, and delivered it to the Defendant A, who is the husband. Defendant A continued to play the role of re-delivery to the name-free persons designated by the F.

After that, on June 7, 2018, the person under whose name the card was used to use the card in the name of the party is stolen, the person under whose name the card was used to use the card in the name of the party is under the supervision of white sama car parked in the G apartment parking lot in Gangseo-gu Seoul Metropolitan Government, which was located in the new residence of the party.

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