Text
The judgment below
The remainder, excluding the rejection of an application for compensation order, shall be reversed.
Defendant shall be punished by imprisonment for a year.
Reasons
1. Summary of grounds for appeal;
A. Defendant (misunderstanding of facts and improper sentencing) 1 did not have any specific conspiracy for the instant crime, and only performed the role of delivering money to the victims by receiving money from the victims without recognizing the exact contents. Thus, the lower court determined the Defendant as a joint principal offender for the instant crime. The lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
2) The lower court’s sentence (2 years and six months of imprisonment, and confiscation) against an unfair defendant in sentencing is too unreasonable.
B. The lower court’s sentence against the Defendant by the prosecutor (unlawful in sentencing) is too unhued and unreasonable.
2. Judgment on the Defendant’s assertion of mistake of facts
A. The Defendant, “2017 Godan38, 3538,” in the instant facts charged, caused many and unspecified domestic people to withdraw money by misrepresenting the public prosecutor, prosecutory investigator, staff of the Financial Supervisory Service, etc., and sending a collection book.
직접 피해 자로부터 돈을 건네받는 수법의 전화금융 사기 조직의 일원으로서, 스마트 폰 어 플 리 케이 션인 ‘ 위 챗 ’에서 대화명 'H’, ‘I' 등을 가진 조직원들 로부터 ‘ 위 챗’ 을 통해 지시를 받고 피해자를 직접 만 나 금융감독원 직원인 것처럼 행세하면서 금원을 교부 받는 수거 책 역할을 분담하기로 조직원들과 순차 공모하였다.
On November 23, 2017, 10:48 on the 2017.11.23.23. 10:48, the official under whose name the victim G calls for a telephone, thereby misrepresenting himself/herself to the central examination of the central branch of Seoul Central District Court, and "The head of the Tong/Sace in the name of the party is involved in the illegal case under the name of K, so it is necessary to confirm
The money in the current account shall be deposited in cash, and the Financial Supervisory Service employees shall make a false statement that the victim shall be induced by the victim, and the defendant shall be 14.0.