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(영문) 인천지방법원 2012.10.19 2011노2675 (1)
사기
Text

The judgment below

Of the above, the part concerning Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

1. Summary of the prosecutor's grounds for appeal;

A. According to the indirect or circumstantial facts recognized by the prosecutor with respect to Defendant A and B, despite the fact that Defendant A and B had a criminal intent to take part in the criminal act of fraud, the judgment of the court below which acquitted the said Defendants of fraud among the facts charged in the instant case by misunderstanding the facts and thereby adversely affecting the conclusion of the judgment. 2) After Defendant C committed the crime of violating the Electronic Financial Transactions Act by receiving the copy of the passbook and cash card, Defendant C attempted to educate Defendant D of the method of cash withdrawal using the said means of access, and even though it can be deemed that Defendant D committed the crime of violating the Electronic Financial Transactions Act in collusion with Defendant C, the judgment of the court below acquitted Defendant D of the facts, which affected the conclusion of the judgment by misunderstanding the facts.

B. The lower court’s sentence (two years of suspended sentence in June, and two years of suspended sentence in April) declared by the lower court on Defendant B and Defendant C is deemed to be too uneasible and unfair.

2. Determination

A. The judgment of the court below ex officio based on the changes in the indictment against Defendant A, and the prosecutor against Defendant A was at the trial of the court below, and the crime of fraud was committed by the prosecutor against Defendant A, which was involved in the crime of fraud, was the primary charge. In addition, as stated in the separate crime list, Defendant A applied for permission to change the indictment with a total of six times as to the crime of violation of the Electronic Financial Transactions Act, which acquired the means of access to electronic financial transactions, such as a copy of passbook and cash card, etc. as stated in the separate crime list. Since this court permitted this, the judgment below cannot be maintained any more.

However, the prosecutor's defendant A.

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