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(영문) 대구지방법원 2021.02.23 2020노4319
사기
Text

The defendant's appeal is dismissed.

An applicant for a compensation order in the trial and an application for each compensation order in L shall all be dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not know that his act was to collect money from the victims of the phishing crime (the grounds for appeal and the subsequent argument). As such, there was no awareness that he was involved in the phishing crime, there was no perception that he was involved in the phishing crime.

Therefore, the court below erred by misapprehending the facts charged.

B. The sentence of the lower court (one year of imprisonment, confiscation) is too unreasonable.

2. Judgment on the grounds for appeal by the defendant

A. According to the evidence duly admitted and examined by the lower court regarding the assertion of mistake of facts, the Defendant, while recognizing that the Defendant would collect cash from the victims of the Heishing crime at least dolusium, can find the facts of each of the crimes in this case. Thus, the Defendant’s assertion to the effect that he/she contests the criminal intent cannot be accepted, and the lower court did not err by misapprehending the facts found guilty.

B. The court below held that the crime of this case was committed by the defendant as a measure to collect cash for the crime of Bosing fraud, and that the nature of the crime was poor in light of the contents of the crime, that the crime of Bosing was committed in a planned and organized manner against many unspecified persons, and that the crime of Bosing was committed with considerable mental suffering along with economic damage to the victim, and that it is not easy to recover damage to the victim as a whole, strict punishment is required even if it was involved as a subordinate organization, and that the damage is not recovered, and that the defendant was committed against the defendant, and there was no conclusive perception of the crime of Bosing, that the defendant was committed against the defendant, that there was no final perception of the crime of Bosing, that there was no benefit acquired by the defendant, and that there was no criminal conviction exceeding the fine.

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