logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.05.03 2018노41
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although there was no misunderstanding of facts and legal principles or participation in the instant crime with E, etc., the lower court found the Defendant guilty of all the charges, the lower court erred by misapprehending the legal doctrine and misunderstanding of facts, since all the charges against the Defendant were convicted.

B. The punishment sentenced by the lower court (eight years of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts and legal principles, the Defendant denied all the facts charged at the lower court, but the lower court rejected the above assertion by providing a detailed statement of its decision.

원심이 적법하게 채택하여 조사한 증거들[ 특히 E은 수사기관 및 원심에서 피고인의 제안으로 보이스 피 싱 범행에 가담하게 된 과정, ‘ 위 챗 ’에서 피고인이 사용한 대화 명과 피고인의 지시 내용과 지시 방법, 피고인으로부터 받은 일당 등에 대하여 일관되고 상세하게 진술하였다.

E not only when he was investigated as a suspect but also after he was convicted of the crime of this case, he consistently and specifically stated the crime of this case, so he committed the crime under the direction of the defendant in order to lower the sentence.

False Statement

It is difficult to see it.

Although E cannot completely exclude the possibility of creating the upper line of processing in order to be subject to the assessment of his/her criminal liability against him/her, in light of the fact that E has already been given instructions to the nameless wounded (Y) other than the Defendant, and it is difficult to find the reason (such as the original relationship) to identify the Defendant on the upper line, the lower court’s determination is reasonable, and thus, this part of the Defendant’s assertion is without merit.

B. Although the Defendant has no record of being punished in the Republic of Korea, the Defendant issued an instruction as to the overall crime of the instant Bosing crimes.

arrow