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(영문) 의정부지방법원 2018.01.15 2017노2832
사기미수등
Text

The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Summary of grounds for appeal;

A. (1) Since the Defendant’s misunderstanding of the facts or misapprehension of the legal doctrine had been involved in the delivery, the Defendant did not have any intention to commit the fraud, such as the facts charged, and thus, did not have any intention to commit the fraud and did not establish a public bid relationship.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case on the grounds of the confession of the Defendant without credibility. In so determining, the lower court erred by misapprehending the legal doctrine.

【The sentence of the court below (one year of imprisonment) which is unfair because it is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. From December 16, 2016 to December 21, 2016, the Defendant: (a) had the victims transfer money to the account designated by an investigating agency as a public official of the investigation agency by using a phone from an unspecified number of victims; and (b) had the victims transfer money to the account designated by a person in a false name; and (c) had the victims or the account owners to whom the money was transferred receive 1% of the money from the victims or the account owners to whom the money was transferred in cash, and had the victims receive 1% of the money from the person in a false name.

A. According to the aforementioned mother’s intent and role sharing, the Defendant and the person infinite name was the victim K on December 21, 2016, using the phone to the victim K as the passbook.

The victim makes a false statement to the effect that the money in the account that the victim had occurred and the money in the account should be verified as illegal is deposited into a safety account notified by us, and it shall have the victim transfer KRW 19 million to a new bank account (M) with the same L on the same day. On the same day, L shall have L withdraw the said amount of KRW 19 million from the new bank branch in the Bridgedong-dong of Dobong-gu Seoul Metropolitan Government on the same day in cash, and the Defendant shall also have the victim withdraw the said amount of KRW 19 million from the said bank outside the said bank.

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