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(영문) 대구지방법원 2020.04.24 2020노79
사기등
Text

The judgment below

All parts, excluding the rejection of an application for compensation order, shall be reversed.

The defendant shall be sentenced to one year of imprisonment.

Reasons

1. Summary of grounds for appeal;

A. As to the charge of aiding and abetting the victim D by mistake of facts (1) with regard to the charge of aiding and abetting the victim, the lower court determined that the Defendant was innocent, although it was found that the Defendant was aware or could have known that he was involved in the crime of Bosing and receiving cash, by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

(2) The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment and compensation order) is too unfeasible and unfair.

B. The sentence of the lower court (one year and six months of imprisonment and compensation order) is too unreasonable.

2. Judgment on the prosecutor's assertion of mistake of facts

A. On March 14, 2019, the Defendant: (a) received a proposal from a person under no name (hereinafter “U”) who became aware of the facts charged; and (b) decided to serve as a liability for cash collection, upon receipt of a cash receipt from a person under no name (hereinafter “U”); and (c) decided that he/she will receive and transfer cash at least KRW 300,000 per week.

On March 27, 2019, at around 15:27, No. 2019, the name omitted was false to the effect that “V Bank W. I will open a passbook in the form of 40 million won when repaying existing loans. I will establish a passbook in the form of 40 million won.”

As above, the person under whose name the victim was accused of the victim and caused the victim to do so, at around 09:55 on March 29, 2019, five million won in Q Bank Account (Y) in X name, and the same year.

1. 1. At around 10:49, six million won in the AA bank account (AB) in the name of the Z, and 12 million won in the AD association account (AE) in the name of the AC at around 15:26 on the same day, and the same month;

2. At around 10:28, around 10:28, 6 million won was remitted to the AA bank account (AG) in the name of the AF, and a total of 29 million won was remitted over four occasions.

In addition, on April 2, 2019, from among the account holders of the above account on April 10:58, 2019, the account holder ordered AF to leave the phone in cash, and then let 6 million won move to the vicinity of the former and the former post office at around 14:40 on the same day, and deliver the above cash to the defendant.

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