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(영문) 서울동부지방법원 2016.06.17 2016노340
사기등
Text

The judgment below

The part against the Defendants is reversed.

Defendant

A Imprisonment for four years, each of the defendants B, C, D, and F.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by Defendant A, B, C, E, and F (Defendant A: Imprisonment with prison labor for three years and six months; Defendant C; imprisonment for one year and six months; suspended execution for Defendant C; community service order for three years; Defendant E, and F for two years) is too unreasonable.

B. The prosecutor (not guilty part against Defendant A, C, E, and F) was able to sufficiently anticipate the crime of attack by the so-called "phishing" method as well as Defendant A, C, E, and F, and the investigative agency led to all of the facts charged of this case, including the crime of the said attack, but the judgment of the court below which acquitted the Defendants of the charge of attack among the facts charged against the said Defendants, was erroneous by misapprehending the facts and adversely affecting the conclusion of the judgment.

D. The sentence sentenced by the court below (defendant D: 1 year and 6 months of imprisonment, 3 years of suspended execution, and 200 hours of community service order) is too uneasible and unfair.

2. Determination

가. 검사의 사실 오인 주장에 대한 판단 ⑴ 공소사실의 요지 ㈎ 피고인 E 명의 계좌를 이용한 범행 1) 피고인 A, E 피고인들은 B, D와 공모하여 원심 판시 범죄사실 제 1의 나 항 기재와 같은 수법으로 원심 판결문 별지 범죄 일람표 1-1 연번 제 13, 14, 20, 22, 23, 29번 각 기재와 같이 피해자들 로부터 금원을 갈취하였다.

2) Defendant A, in collusion with Defendant B, took money from the victims as stated in each subparagraph of No. 1-2, No. 1, 3, and 10 of the List of Crimes No. 1-2 of the judgment of the court below in collusion with the same method as stated in No. 1-B of the facts constituting the crime in the judgment of the court below

3) Defendant A and C, in collusion with B, received money from the victims as described in each of the separate statements No. 1, No. 2, 4, 8, and 12 attached to the judgment of the court below, on the basis of several methods such as the statement No. 1-3 of the criminal facts stated in the judgment of the court below.

㈏ 피고인 F 명의 계좌를 이용한 범행 피고인 A, E, F는 공모하여 원심...

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