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(영문) 인천지방법원 2017.08.18 2017노751
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles 1) Although the Defendant received money from a person who was not the victim of the facts charged and remitted money, the Defendant did not participate in the act of acquiring money by means of conspiracy of fraud or so-called “scaming”.

Nevertheless, the judgment of the court below is that the defendant committed a crime in collusion with the non-name assistance staff.

The judgment of the court below is erroneous in the misapprehension of legal principles as to the public offering or joint principal offender.

2) Although the part of fraud against the victim I (Article 3 of the facts charged in this case) was not committed or committed, the court below found the defendant guilty. The court below erred by misapprehending the legal principles as to the joint principal offender in this regard.

B. Even if the sentencing is found guilty against the defendant, the sentence of the lower court (two years of imprisonment) is too unreasonable.

2. The facts charged in this case and the judgment of the court below

A. On the part of the facts charged of the instant case, the singishing organization, which is managed by the general responsibility under the name of the Defendant, will give a loan to an unspecified number of victims by telephone.

It is an organization composed of inducements to defraud the amount of damage by means of fraud, solicitation books to recruit the amount of damage, and books to deliver the amount of damage withdrawn from the owner of the account of the large-scale account by receiving the amount of damage from the above organization.

On March 2016, the Defendant received money from a person with no name known through the Internet job-seeking site and responded to the offer that 0.85% of the fee will be paid if he transfers money.

The defendant and the nameless Bosing staff members of the criminal defendant and the nameless Bosing phishing phishedly, if the inducement is obtained by deceiving the damaged amount, the criminal defendant would receive the damage amount from the account owner and transfer the damage amount to the above organization in order.

1) Fraud against the victim C.

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