(영문) 서울중앙지방법원 2017.07.14 2017노1667

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2017.07.14 2017노1667

사기방조

Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of the facts and misapprehension of the legal principles are cited as the grounds for appeal. misunderstanding of the legal principles, although the Defendant did not have any intention to assist the phishing crime, the court erred by misapprehending the legal principles on aiding and abetting, which recognized the Defendant as a crime of aiding and abetting the crime of aiding and abetting the crime, and in full view, the Defendant

The decision shall also be judged.

Since the defendant only withdrawn and delivered money to the company's name, and there was no awareness and intent to facilitate the crime of the phishing organization, the aiding and abetting crime of fraud is not established.

B. The punishment of the lower court is too heavy.

2. Summary of the facts charged and the judgment of the court below

A. The summary of the facts charged is that the Defendant sent a text message of loan advertising in the name of a financial institution, such as NH Nonghyup, to an unspecified number of victims who wish to receive the loan by receiving a proposal from a person who was unable to know his/her name on July 2016 (the person related to the organization of Bosing, which pretended to be the “C”), to receive the payment from the victims of Bosing, which was deposited in the Defendant’s passbook, and would receive the payment of KRW 1,00,000 per each page, and would allow the victims who wish to receive the loan to receive the loan at a low interest.

In order to enhance the balance of repayment ability, it is necessary to deposit money into an account under the name of A (Defendant) because the details of deposit and withdrawal are necessary.

“Falsely speaking to the purport that money is deposited by means of having the victims transfer money to the national bank account (D) in the name of the Defendant and the Korean bank account (E), etc., the payment was attempted to withdraw the amount of damage caused by the fraud and deliver the amount to the account with which the name is unknown.

Defendant 1’s organization is an unspecified number of the foregoing organizations.

유사 판례

-서울중앙지방법원 2017.04.26 2017고단169

-서울동부지방법원 2017.07.14 2016노2070

-인천지방법원 2017.03.31 2016노698

-서울중앙지방법원 2017.10.20 2017고단3016

-울산지방법원 2017.11.23 2017고단3803