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(영문) 창원지방법원 2020.11.19 2020노1481
사기
Text

The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for two years.

seized LG X4.

Reasons

1. Summary of grounds for appeal;

A. The defendant thought that he is a normal lending company's business, and there was no perception that he was involved in the crime of Bophishing fraud.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case, which affected the conclusion of the judgment by misunderstanding the facts.

B. The sentence imposed by the lower court (three years of imprisonment, confiscation) is too unreasonable.

2. Determination

A. The Defendant also asserted the same purport as the grounds for appeal in the lower court’s determination of mistake, and the lower court rejected the Defendant’s assertion by providing a detailed statement on the lower court’s “determination of the Defendant and his defense counsel’s assertion” at the bottom of the judgment.

In light of the circumstances stated by the court below, the facts and circumstances that the court below can be recognized by the evidence duly adopted and investigated by the court below, namely, ① the defendant did not undergo regular employment procedures, such as interview, at the time of receiving the proposal from an employee of the Bosing Tphish, and the defendant did not confirm at all the company's trade name, location, etc. in the process; ② the C representative's cell phone number used for the defendant's contact is about four, and ③ the defendant deposited without passbook or parked in a place away from the place of the crime under the name of another person, and this appears to have been an action to avoid the tracking of the investigation agency. Thus, the defendant was considered to have committed each fraud under the judgment of the court below, considering the evidence at the time of judgment, since the defendant was aware of the crime of Bosphish, and there was no direct contact with the Z team leader and C representative.

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