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(영문) 서울중앙지방법원 2016.05.26 2016노1006
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 2, 4, or 5 shall be confiscated.

Reasons

1. Summary of grounds for appeal;

A. As long as a public prosecutor’s (1) mistake of facts was committed in the organized crime such as the phishing crime, the principal offender is jointly liable for the conduct of others. The Defendant conspiredd to participate in the phishing crime with C around January 4, 2016, and attempted to deliver money to the victim E around January 6, 2016. As such, the joint principal offender of the crime of fraud is also established for the part in which other accomplices in name in the name of the same victim by deceiving E as the same victim by deceiving him/her about January 5, 2016.

Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous as affecting the conclusion of the judgment.

(2) The sentence sentenced by the lower court to the Defendant (one year and six months of imprisonment) is too unhued and unfair.

B. The sentence imposed by the lower court on the Defendant (unfair sentencing) is too unreasonable.

2. Determination

A. The summary of the facts charged (less part of the charge) is that the Defendant served both with the Defendant and the military service on January 4, 2015, due to the economic difficulties due to gambling on the Internet.

In addition to C, in order to pay money by taking part in the telecommunications financing fraud organization in China (one name "Ssing") which is being engaged in at the time of the World Trade Organization (one name "Sing"). On the same day, contact is made between the victims of telecommunications financing fraud organization (one name "D") and the "wewechat," which is the mobile Meetat, which is the total book of the telecommunications financing fraud organization introduced through the above C, and the above names, winners, C, and the members in the name and the name and the name of the victims misrepresented state agencies, such as the prosecution or the Financial Supervisory Service, and caused problems to the accounts of victims by taking a phone to many and unspecified persons of the Republic of Korea. As such, the Defendant was called to transfer money to a specific account or to keep money by withdrawing money from the victims or receiving cash from the victims and delivered a certain amount to the money exchange.

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