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(영문) 서울서부지방법원 2013.11.14 2013노926
사기
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor of one year and two months, and Defendant B shall be punished by imprisonment with prison labor of ten months.

seizure.

Reasons

The judgment of the court below which found the Defendants guilty of fraud as to the total amount of KRW 23 million, even though the Defendants withdrawn KRW 7,50,000 by means of cash card, etc. as to the fraudulent act Nos. 18 of the annexed list of crimes in the judgment of the court below, by misunderstanding the gist of the grounds for appeal by the Defendants, or misunderstanding the legal principles as to the accomplices

The sentence imposed by the lower court on the Defendants (Defendant A: Imprisonment with prison labor for one year and six months, and Defendant B: one year) is too unreasonable.

Judgment

A. Determination on the misunderstanding of facts or misapprehension of legal principles by the Defendants 1) The summary of the facts charged as to the fraud listed in the separate sheet No. 18 of the crime list No. 18, in collusion with the telephone financial fraud assistance officers who are not aware of the names, F was willing to receive money for the purpose of issuing the surety insurance policy by deceiving the victims, such as the cost of issuing the card, the account number, password, and the Internet banking security card number, or to arbitrarily transfer money. Accordingly, F included the Defendants, K and L were responsible for collecting and delivering money from those who transfer the passbook and cash card to F and Defendant A; Defendant B conspiredd to take the role of withdrawing the money transferred to the above account with the cash card; Defendant B was not able to identify the name of the telephone financial fraud assistance officers; and Defendant B conspireded with the 30th of July 9, 2013 to obtain money from the previous lending company under the name of 30th of the Criminal Act.

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