(영문) 서울중앙지방법원 2015.11.20 2015노3173

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자간(%)

(영문) 서울중앙지방법원 2015.11.20 2015노3173

사기

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to Defendant A (1) misunderstanding of facts and misunderstanding of legal principles, Defendant A only involved in the recruitment of passbooks, and there is no fact that Defendant A committed fraud in collusion with the victim J and N with the employees of telephone financial fraud assistance officers, etc.

(2) The lower court’s sentence of unreasonable sentencing is too unreasonable.

B. The Defendant B’s sentence is too unreasonable.

2. Determination

A. In full view of the facts found in accordance with the evidence duly adopted and investigated by the lower court (Defendant A) and the status and role of Defendant A, and the detailed methods and process of the crime, even if Defendant A did not know the entire contents of the crime of this case in detail, the fact that Defendant A committed financial fraud, such as Bosing, was aware of the fact that the crime was committed at least, and was issued to the telephone financial fraud assistance staff.

I would like to say.

In addition, as long as Defendant A performs its role as part of the entire crime, it can be sufficiently recognized that Defendant A committed the instant crime in collusion with other accomplices.

Therefore, Defendant A’s assertion of mistake and misapprehension of legal principles is without merit.

B. The Defendants reflects all the mistakes of unfair sentencing (the Defendants) and do not have the same criminal power.

However, even though the Defendants knew of the fact that the instant crime was part of the crime, the Defendants took part in the instant crime with the knowledge of the fact that it was about six months, and Defendant A took part in more than 2,03 large passbooks for about 2,03 months, Defendant B recruited about 1,005 large passbooks for about 3 months, and the Defendants’ nature of the crime is very poor in light of the content of the crime and the scale of the crime.

In addition, the motive, means and result of the instant crime, the Defendants’ age, character and conduct, environment, health conditions, criminal records, and crimes.

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