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(영문) 부산지방법원 2019.05.03 2018노3891
사기방조등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, upon receipt of a request from a person who was unable to obtain his name (hereinafter “N”), committed the brokerage of N and Q to make a representative telephone number (hereinafter “representative number”) in the name of the old juristic person through Q, and was not aware that the representative number generated as above was used for Bophishing.

Therefore, although the Defendant did not have participated in the fraudulent act of the telephone financial fraud assistance staff related to N, the lower court found the Defendant guilty of the facts charged regarding the crime of aiding and abetting the fraud. In so doing, the lower court erred by misapprehending the facts, thereby affecting the conclusion of the judgment.

B. The sentence imposed by the lower court (two years and six months of imprisonment, confiscation) is too unreasonable.

2. Determination

A. On August 24, 2017, the lower court found the Defendant guilty of aiding and abetting each of the above charges by taking account of the following methods: (a) the Defendant, from July 18, 2017 to November 22, 2017, by taking account of the following methods: (b) the Defendant, as indicated in the [Attachment List of Crimes (9) in the judgment of the lower court, by deceiving the victims of a total sum of KRW 389,820,792 from the victims over 65 times from the victims to the date of the Defendant’s acquisition of KRW 389,820,792, in order to assist the Defendant; (c) from June 24, 2017 to August 2, 2017, Q from the French (hereinafter referred to as the “UP”) to be used for the crime of Bosing; and (d) by inducing Q to sell each of the above charges under the name of the telephone phone.

C. The following circumstances acknowledged based on the evidence duly adopted and examined by the lower court and the lower court, i.e., the Defendant., the lower court.

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