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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for one year.
Defendant
B.
Reasons
1. Summary of grounds for appeal;
A. Fact-misunderstanding 1) Defendants: (a) knew only that the Defendants were aware of the fact that the Defendants engaged in the arbry of the Korea Savings Bank; and (b) did not know that the Defendants’ act was in connection with the singishing fraud (hereinafter “Defendant A”); (c) Defendant A did not participate in the second-year re-crime in the crime table No. 2 in the crime list No. 2; (d) around that time, money was paid from Defendant B, but the money was not paid for the crime; (e) the money was borrowed from B (hereinafter “second-party assertion”). b) Illegal sentencing [the lower court’s punishment: Defendant A (one year and six months of imprisonment) and Defendant B (three years of imprisonment)];
2. Determination
A. 1) In full view of the following circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the first instance court as to the assertion of mistake of facts, the Defendants’ act constitutes a crime such as Bosing, etc., with the knowledge of the fact that the Defendants’ act constitutes a crime such as Bosing, etc., it can be sufficiently recognized that the Defendants committed the crime of fraud in this case with the knowledge of the fact that
The judgment of the court below is just, and there is no error in the misapprehension of facts alleged by the defendants.
The remittance by the Defendants in this case is a typical method in which the Defendants committed phishing crimes.
피고인들은 ‘ 위 챗’ 이라는 휴대폰 앱을 통하여 성명 불상자의 지시를 받아 여러 장소에서 돈을 전달 받아 성명 불상 자가 지시한 계좌로 송금하였다.
The phishing crime has been emerged as a social issue since several years, and the risk performance method has been well known through various media.
The Internet search leads to the fact that the phishing crime takes place in the form of an organization such as a total book, an access medium recruitment book, a delivery book, a cash withdrawal book, and a remittance book, and the details of the method of the crime of withdrawal and remittance among them are not easy.
Defendants’ act at the time of investigation is certain.