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(영문) 수원지방법원 2020.05.21 2020노1381
사기미수
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. Summary of grounds for appeal;

A. In regard to the instant fraud, the Defendant did not agree with the singishing assistance staff, in a successive and implicit manner, with regard to the mistake of facts and misapprehension of legal principles.

Nevertheless, the court below acknowledged the defendant's joint principal offense of fraud by deeming that the defendant conspireds with the above assistant employees to commit the fraud of this case. The court below erred by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

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

2. Judgment on misconception of facts and misapprehension of legal principles

A. The judgment of the court below also asserted the same purport as the argument in the above grounds for appeal, and the court below rejected the defendant's assertion on the ground that, in full view of the following circumstances, even though the defendant did not explicitly gather in advance the whole of the fraudulent act with the employees under the name of the defendant, he could have sufficiently known that his act was the process of committing the telephone financial fraud, the court below rejected the defendant's assertion on the ground that it is acknowledged that at least it would have been involved in the singishing crime through a combination of singishing employees under the name of the defendant and the employees under the name of the singishing singing singing singing singing singing singing singing singing singing

① As seen in the instant case, the so-called Bophishing crime, like the instant case, is a total book that plans and instructs the overall crime, a book that induces the victim, a book that solicits and delivers a passbook, cash card, etc., a withdrawal book that withdraws the money transferred by the victims, a book that collects money from the victims, a book that collects money from the victims, and a book that collects money from the withdrawal book or collection book, etc.

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