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(영문) 춘천지방법원 강릉지원 2020.02.18 2019노614
전기통신사업법위반등
Text

Defendant

All appeals filed by B, C, and Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant B and C’s sentence (Defendant B: Imprisonment with prison labor of one year and six months, and Defendant C: Imprisonment with prison labor of one year and two months) is too unreasonable.

B. According to the evidence submitted by the prosecutor, the prosecutor 1) erroneous determination of facts or misapprehension of legal principles (the acquittal part against the Defendants in the original judgment) facilitate the execution of the telephone financial fraud crime by selling the core chips opened in the name of the Defendant DM, Defendant B, and C in the name of the BM, etc. to the purchaser of each core chips and distributing them to the singing chips, thereby facilitating the execution of the telephone financial fraud crime that caused the investigation agency or the lending company by misrepresenting the sing the sing agent. The Defendants are also recognized as the intention aiding and abetting the fraud by sufficiently recognizing that the core chips illegally distributed to the Defendants would be used for the crime of telephone financial fraud. 2) The sentence of unfair sentencing (the Defendant B and C) by the lower court is too uneased and unjust.

2. Determination

A. The summary of the facts charged is as follows: (a) Defendant D, from July 30, 2018 to September 3, 2018, Defendant D provided the following: (a) from around July 30, 2018 to around September 3, 2018, a distribution business operator via a distribution business operator with a safe chip opened in the name of another; and (b) the scaming operation operator provided 10 times through a method of misrepresenting the criminal investigation agency, etc. by calls to the victim Q Q, etc. using a safe chip provided as such, and aiding and abetting the Defendant by deceiving the money wired 10 times with a method of misrepresenting the criminal investigation agency, etc.

B. Defendant B and the Defendants provided Bosing chips opened in the name of another person from August 30, 2018 to September 2018 through a distributor to Bosing chips, and the employees of Bosing chising chips receive money from two occasions by misrepresenting bank employees, etc. who act as a broker for lending by telephone to victims BV, etc. using so provided.

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