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(영문) 제주지방법원 2013.07.11 2013노208
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal in this case did not agree to commit a fraudulent act against the victim E among the facts charged in the instant case, and the lower court’s punishment (one year and six months of imprisonment) is too unreasonable.

2. Determination:

A. In determining the assertion of mistake of facts, a public offering is not required under the law, but is only a combination of two or more persons’ intent to realize a crime through a joint processing. As such, a public offering is established even in cases where there have been a combination of two or more persons’ intent in order or impliedly.

According to the evidence duly admitted and examined by the court below, the defendant can be recognized as having withdrawn cash from the one hand passbook in which the victim E money was deposited and remitted the money to the designated account by the person who has not received the name (one person D). In full view of the defendant's role in the crime of this case, the specific method and process of the crime of this case, the relationship between C and the defendant, and the defendant's statement at the trial court that C had suspected of ordering the delivery of money by cash card, it can be sufficiently recognized that the defendant had a combination of intent to realize the crime together with other accomplices, by recognizing that the crime of this case was the crime of this case, even though he was aware that the crime of this case was the crime of "Sphishing" and by taking charge of the role of cash withdrawal, which is an essential role, the decision of the court below that recognized the defendant as the accomplice of this part of the crime of this case

B. The instant fraud crime on the assertion of unfair sentencing is an intelligent fraud crime by the so-called “Sishing,” which receives money from the victims of various and routing deceptive acts by phoneing to many and unspecified domestic persons, and is a very poor crime, and the damage therefrom is spreading significantly. The instant fraud damage is not much significant, the sentencing of accomplices, and the Defendant’s age, character and conduct, and family environment.

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