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(영문) 서울중앙지방법원 2015.05.07 2015노349
사기등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the degree of the Defendants’ participation is minor, the sentence of the lower court (one year and six months each of the Defendants’ imprisonment and confiscation) is too unreasonable.

B. Prosecutor 1) As to the determination of innocence on the use of computer, etc., fraud, and fraud (the misunderstanding of legal principle) Defendant A: from June 2014, Defendant A took part in each of the crimes in light of the following: (a) the telephone conversations with F, a main offender from around June 2014; (b) the telephone conversations details at the time of the instant crime; and (c) the contact details presumed to have been used by Bosphishers and continued contact with each other.

Nevertheless, the lower court which acquitted this part of the facts.

B) Defendant B: (a) was involved in the instant Bosing organizational crime in the head of Tong recruitment book; (b) so, a criminal liability as a co-principal should also be imposed on the Defendant’s crime using passbook that the Defendant did not directly recruit. Nevertheless, the lower court erred by misapprehending the legal doctrine, which acquitted the Defendants. (b) In light of the crime of unfair sentencing, taking into account the crime of the crime of the Bosing and phishing crime, the sentence of the lower court against the Defendants is too un

2. Determination

A. 1) In full view of the evidence duly adopted and examined by the court below and the result of the trial proceedings at the court below's determination as to Defendant A's fraud by using the computer, etc. of the public prosecutor and fraud, the court below's determination as to Defendant A is just and there is insufficient evidence to find the Defendant's participation in the crime of Bophishing since August 9, 2014, and further, there is insufficient evidence to find the Defendant's participation in the crime of Bophishing since July 29, 2014. Thus, the court below's determination as to Defendant not guilty of this part in the same argument is just and there is no error of misunderstanding of facts or of misunderstanding of legal principles. Accordingly, the prosecutor's assertion as to this is without merit. 2)

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