logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2016.03.30 2015노3140
사기등
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for one year and six months.

Defendant 12, 13, and 14 of seized evidence.

Reasons

1. Summary of grounds for appeal;

A. There is no fact that 700,000 won has been stolen from the victim AR.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged erred by misapprehending the facts.

B. The punishment of the lower court (one and half years of imprisonment for each year) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the summary of the charge of this part of the judgment of the court below and the summary of this part of the charge of this case is as follows: "The defendants play a role in sending cash to the victims, who are not aware of the names in China, and the accomplices in China, using the passbook, cash card, and password, etc. under the pretext of lending from the phone without permission, and securing so-called passbook through Kwikset service, etc.; on the other hand, accomplices in China go through the telephone soliciting loans to the Korean residents in Korea; and on the other hand, in order to receive loans from those who wish to receive the loans, they must first transfer the money from the victims to the above one, and the defendant A withdraws the cash from the above one through Kwikset service article. The defendant B withdraws the cash from the above one by using the passbook.

After the Defendants planned to commit a crime on a systematic basis, the Defendants conspired with accomplices who are not aware of the name to commit the so-called “Sishing” crime, which belongs to the victims and withdraws money by phoneing without permission.

After that, the accomplice who is not aware of his name after the call from the office located in the office of Cheongdo in China on May 2015, 2015 to the victim ADR and the victim " is the Dog Capital of Agricultural Cooperatives," and the payment of the deposit is 5.

arrow