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(영문) 광주지방법원 2018.10.10 2018노2232
사기등
Text

The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

Defendants shall be punished by imprisonment for one year and six months.

Reasons

1. The lower court rejected the applicant’s application for compensation order.

According to Article 32 (4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, an applicant for compensation fails to file an appeal against a judgment dismissing the application for a compensation order. Therefore, the rejection part of the application for a compensation order was immediately finalized.

Therefore, the rejection of an application for compensation order among the judgment of the court below is excluded from the scope of this court.

2. Summary of reasons for appeal;

A. Defendant A (1) The Defendant was aware of the fact that he was receiving fees from the business of collecting loans, and did not know that he was involved in the phishing fraud. Although there was no conspiracy, the lower court found the Defendant guilty of the instant facts charged, there was an error of mistake in the fact-finding.

2) The sentence of the lower court’s unfair sentencing (two years of imprisonment) is too unreasonable.

B. Defendant B’s punishment (two years of imprisonment) is too unreasonable.

3. Defendant A’s assertion of misunderstanding of facts was also asserted in the lower court, and the lower court rejected the aforementioned assertion by clearly explaining the decision in detail.

In light of the following circumstances, the lower court and the first instance court’s duly adopted and investigated the circumstances revealed by the evidence, i.e., whether the Defendant was making himself/herself at the time when he/she was asked L to ask questions as to whether he/she was making a loan, and she had an intention to commit fraud and to jointly process the Defendant.

Since it is recognized, the above argument of the defendant is without merit.

4. The Defendants’ participation in the determination of the Defendants’ wrongful assertion of sentencing is a planned and organized crime against many and unspecified persons, and there is a need for strict punishment, and the amount acquired by the Defendants is not much much.

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