logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2020.10.30 2020노555
사기방조등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Since a misunderstanding of facts or misunderstanding of legal principles as to the fraud aiding and abetting, the Defendant withdrawn the amount of damage deposited in his account before the principal offender reaches the number of frauds, and delivered it to the party under whose name the injury was suspected as the amount of damage caused by phishing, the crime of aiding and abetting and aiding and abetting was established, the lower court erred by misapprehending the legal principles as to the total crime and the number of frauds, or by misapprehending the legal principles as to the crime of aiding and

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too uneased and unreasonable.

2. Judgment on the prosecutor's assertion of mistake or misapprehension of legal principles concerning aiding and abetting fraud

A. On August 8, 2019, the Defendant, as indicated in the facts constituting the crime of the lower judgment, received a proposal from the Defendant to the effect that, as indicated in the facts constituting the crime of the lower judgment, he sent the e-mail card to the bearer of his name, and then accepted the proposal to the effect that “The withdrawal limit of the e-mail card lent by the e-mail is limited by writing and then withdrawal is limited, and the withdrawal of the e-mail card was deposited into the account, and the money was directly withdrawn and delivered to our employees.”

On the other hand, on August 6, 2019, an employee in the name light of the above refers to false statement to the effect that he assumes a person in charge of G bank loans by calls from the victim F, and that “money is deposited in the account to reduce low interest rate loans on condition of repayment of existing loans,” and that it was transferred from the victim KRW 30 million to the I Bank (J) account in the name of H around August 8, 2019, KRW 15 million in the name of the defendant around August 9, 2019, KRW 600,000 in the D Bank account in the name of the defendant around August 9, 2019, and KRW 50,000 in the aggregate by receiving KRW 6 million in the K bank account (M) from the L Bank account in the name of the defendant around August 16, 2019, respectively.

The defendant came to know that his passbook is doubtful by a large passbook in the course of withdrawal from cash, and is asked from the staff of the bank whether it was accompanied by the scam.

arrow