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(영문) 서울북부지방법원 2018.11.23 2018노1286
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) At the time of misunderstanding the fact, the Defendant: (a) was aware that he was engaged in a lending brokerage business; (b) was involved in a tort at a tax evasion level; and (c) was delivered with a check card connected to the one hand passbook, and subsequently withdrawn cash and remitted it to the designated account B; and (d) was not aware that he was involved in the commission of the phishing fraud.

2) The sentence of the lower court (one year and six months of imprisonment) that was unfair in sentencing is too unreasonable.

B. The Prosecutor’s sentence of the lower court (one year and six months of imprisonment) is too unhued and unreasonable.

2. As to the Defendant’s assertion of mistake of facts, the Defendant recognized all the facts charged in the instant case at an investigative agency and the lower court, and denied the part regarding the crime committed in the instant case.

However, according to the evidence duly adopted and examined by the court below, at least the defendant was aware of the fact that the singishing staff members were committing the singishing fraud using the physical card, as stated in the facts charged by the defendant, at least as the singishing staff of the singishing company B and others.

It is reasonable to view it.

The defendant's assertion of mistake is not accepted.

A. The Defendant did not verify at all the basic matters, such as the trade name, actual existence, and B’s name and position, which is the employee of the lending brokerage company, of the lending brokerage company, and there is no fact that the Defendant actually provided B with education and instruction on business.

B. The Defendant simply withdraws the money deposited in a physical card from cash to a designated account and transfers it to the designated account, which, in addition, receives a certain percentage of the money deposited and withdrawn if the money deposited and withdrawn for a day exceeds five million won per day, it is excessive for the Defendant to pay it for general labor.

Defendant

In addition, by itself, the crime of this case is likely to be an illegal act, and it is dangerous to B by SNS mail.

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