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(영문) 대구지방법원 2017.06.16 2017노415
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1’s misunderstanding of the facts charged: (a) The Defendant was not aware of the fact that “F”, “E”, etc. was committed by committing a criminal act such as Bosing phishing, and that it was introduced to the Defendant; and (b) with respect to paragraph (2) of the facts charged, the Defendant introduced T to the above BH, which can be claimed by the request of “BH”, and did not engage in any subsequent crimes of Bosing phishing; (c) as to paragraph (3) of the facts charged, the Defendant did not know of X.

Therefore, as stated in the facts charged in the instant case, the Defendant did not participate in the phishing crime in collusion with C and T, or in collusion with X to store an access medium.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous.

2) The sentence sentenced by the lower court (one year of imprisonment, one year of confiscation) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. Determination

A. Determination 1 on the Defendant’s assertion of mistake of facts 1) The Defendant committed a joint crime with C, D, D, E, F, etc., with the focus of phone calls from many unspecified people in China, thereby attempting to block the crime of telephone financing fraud (hereinafter “scaming”), and the Defendant: (a) “total liability”, “D”, “E”, “F”, and “F,” etc. of the crime of voiceing (hereinafter “scaming”), such as the solicitation of passbooks; (b) the victim’s phone calls to transfer money from the victims to the victims; and (c) the Defendant wired money to the remitter or the remitter on the condition that the victims receive KRW 100,000,000 per day.

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