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(영문) 인천지방법원 2020.11.06 2020노2668
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

Seized 32 Titrogs.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding, the Defendant had never known that the instant equipment was used for the purpose of forging the phone number display or scaming, on the Internet, by installing a house in order to test the equipment “VoIP shop equipment” (hereinafter “instant equipment”). However, the Defendant had never known that the instant equipment was used for the purpose of using the phone number display or scaming.

Nevertheless, the judgment of the court below which found all of the charges of this case guilty is erroneous in misconception of facts.

B. The sentence imposed by the court below on the defendant (one year, six months of imprisonment and confiscation) is too unreasonable.

2. The Defendant alleged the same purport as this part of the grounds for appeal in the lower court’s determination of mistake, and the lower court rejected the Defendant’s assertion and found the Defendant guilty of this part of the facts charged on the grounds of its stated reasoning.

The court below's aforementioned determination is just in light of the following facts and circumstances acknowledged by the circumstances as duly adopted and examined and the evidence, i.e., ① the Defendant was used for telephone conversations, and the Defendant was aware that telephone conversations was connected to the relevant core chip number (Evidence No. 766 pages), ② the Defendant simply installed the instant equipment in the Defendant's residence for a long period of time, and replaced it by receiving a conviction chip or a conviction card, or replacement by receiving a new equipment from an unqualified person on August 2019, with the exception of the Defendant's act of replacing it with a IM case, even though there was no separate act for testing equipment from an unqualified person on his name.

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