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The judgment below
Of them, the part concerning fraud and fraud by using computers, etc. shall be reversed.
The defendant shall be sentenced to one year of imprisonment.
Reasons
1. Summary of grounds for appeal;
A. Despite the fact that the Defendant was not guilty of taking over the instant card in full view of the circumstances such as destroying part of the instant card, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
B. In full view of the evidence and circumstances presented by the prosecutor as to computer, etc. fraud and fraud, although it is sufficient to acknowledge the fact that the defendant was a joint principal offender as the withdrawal of the instant telephone financial fraud, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
2. Determination
A. (1) On April 2013, the summary of the facts charged charged is as follows: (a) the Defendant consented to the proposal that the Defendant would move the vehicle from the bearers (one name C; hereinafter “C”) and withdraw cash from the bank cash payment machine at each location; and (b) the Defendant would receive 3% of the amount of the withdrawal from the bank account at the request of C; and (c) then, the Defendant received the money from the bank account and debit cards from the provider of Kwikset service at the request of C through the bank account and debit cards; and (d) then withdrawn the money that the victims of the telephone fraud (one name Bohishing) remitted to the said account; and (e) the Defendant had 3% of the money, and the remainder, with C, conspired to commit the crime of telephone fraud along with C.
On May 31, 2013, the Defendant was urged by C to receive a passbook and cash card from the Kwikset service article in the street near the Geumcheon-dong, Seoul Special Metropolitan City on May 31, 2013, and then the Defendant was in the same way 19 times in total from that time to June 4, 2013, as shown in the attached list of crimes, including the receipt of one debit card under the name of E from Kwikset service article.