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(영문) 인천지방법원 2020.11.27 2020노2912
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment (a year of imprisonment and confiscation) imposed by the court below on the defendant is too unreasonable.

B. Prosecutor 1) misunderstanding of facts and misunderstanding of legal principles (not guilty portion in the original judgment) recognize the Defendant’s intention to jointly process telephone financial fraud crimes and functional control over them, on the contrary, the lower court acquitted the Defendant on the charge of fraud among the facts charged in the instant case and of violating the Telecommunications Business Act due to the change in the transmission number indication, there is an error of misapprehension of facts and misapprehension of legal principles. 2) The above sentence imposed by the lower court on the Defendant

2. Determination

A. The lower court, based on its stated reasoning, conspiredd to commit fraud with the knowledge that each of the communications equipment of the instant case was provided as tort by telephone financial fraud by the Defendant solely based on the evidence submitted by the prosecutor.

The lower court acquitted the Defendant of fraud among the facts charged in the instant case on the ground that it cannot be deemed that there was an intention to commit fraud, or that there was no other evidence to acknowledge it.

Furthermore, even if the Defendant installed communication equipment that alters the call call indication, it was found not guilty of violating the Telecommunications Business Act due to the change of the call number indication on the ground that it cannot be deemed that the Defendant committed such act with the intent to gain property profit by deceiving another person.

In light of the records of this case, the court below's judgment is just and acceptable, and there is no new evidence to acknowledge this part of the facts charged at the court below.

Therefore, the prosecutor's assertion that the judgment of the court below erred by mistake and misunderstanding of legal principles is without merit.

(b).

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