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(영문) 전주지방법원 2020.10.27 2020노1113
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 1 shall be confiscated.

Reasons

1. Summary of grounds for appeal;

A. Defendant: In a case where the Defendant’s act does not constitute a co-principal, i.e., aiding and abetting, the lower court erred by misapprehending the facts, and the lower court’s imprisonment (one year and six months) is too unreasonable.

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

2. Determination:

A. The crime of phishing the Defendant’s assertion of mistake of facts is generally held in the form of acquiring property by deceiving the victim in an intelligent manner by sharing an organizational role such as the total amount of books, incentives, delivery books, withdrawal books, collection books, etc., and only one of the persons participating in the crime shall be in charge of each of their own roles through a successive public offering.

Therefore, if the accomplices in charge of each role perform their roles properly, they cannot success in the crime, and the role of the defendant's cash collection measures is also an essential process in the completion of the crime of Bophishing, and even if they failed to receive all information on the crime of fraud, such as all the accomplices who participated in the crime or the process of the crime, it is reasonable to view that they can constitute joint principal offenders.

In light of the above characteristics of the crime, a thorough examination of the evidence duly admitted and investigated by the court below in light of the reasons stated in the judgment, and the evidence duly admitted and investigated by the court below, the defendant, by collecting cash from the victims who intend to obtain a loan using a provisional name, and delivering cash to those who cannot be identified by any abnormal method, etc., shall be deemed to have conspired to commit the crime of false name and scams with doluence and to have been engaged in the last important role, and shall be punished as joint principal offenders of fraud

Therefore, the defendant's assertion of mistake is without merit.

B. Defendant and prosecutor’s assertion of unfair sentencing play a role in collecting cash in relation to the crime.

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