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(영문) 대전지방법원 2020.10.22 2020노2046
사기등
Text

The judgment of the court below (including the part not guilty in the grounds) shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. Summary of prosecutor's grounds for appeal;

A. In light of the circumstances such as the nature of the phishing criminal organization, the role of the withdrawal of cash, and the fact that the amount of damage may increase according to the situation even if the defendant did not know of the specific contents of the crime, the defendant bears the liability for the crime as a co-principal of the crime, in light of the following circumstances: (a) as to each of the above money, the defendant is sufficiently aware of the fact that the amount of damage may increase according to the situation even if he did not directly withdraw 16,50,000 won taken place from the victim Z; and (b) the second part of the last part of the 2nd part of the 2nd of the 4nd of the 2nd of the 4nd of the 4nd of the 4nd of the 2nd of the 2nd of the 4nd of the 4th of the same year.

Therefore, the judgment of the court below not guilty is erroneous by misapprehending the legal principles as to joint principal offenders.

B. The sentence of the judgment of the court below on unreasonable sentencing (six months of imprisonment) is too unhued and unreasonable.

2. Judgment on the misapprehension of the legal principle by the prosecutor

A. The summary of this part of the facts charged is as follows: (a) the Defendant, as a member of the criminal organization, conspired with the victim Z and W in collusion with the victim Z and W as a member of the crime organization [2019dan5022] according to paragraph (2) of the judgment of the court below; and (b) received KRW 16,50,000 from the victim Z and KRW 100,000 from the victim W, as described in the judgment of the court below (attached Form 3).

B. The judgment of the court below is affirmed that the defendant conspired with the victim Z and W and received the money stated in the above facts charged from the above victims in collusion with the victim Z and W, but there is no evidence to acknowledge that the defendant participated in the process of withdrawing and remitting the said money, and there is no evidence to support that the defendant has gathered the above money with the above victim as to the above money. Thus, the evidence submitted by the prosecutor and the above facts acknowledged by the defendant are alone.

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