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(영문) 서울중앙지방법원 2017.01.13 2016노3779
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding, misunderstanding of legal principles, the Defendant received instructions from S after the victim’s money was deposited into A’s bank account, and tried to examine whether Kwikset service articles start to receive goods properly.

The telephone finance fraud of this case was involved after the occurrence of the crime, and it did not directly transport cash, and thus, controlled any functional act with respect to the entire crime.

shall not be deemed to exist.

The defendant is not a joint principal offender but a aiding and abetting offender.B. The sentencing unfair sentence is heavier than the court below.

2. Determination

A. The lower court also asserted that the Defendant had the same purport as the grounds for appeal, and the lower court rejected the Defendant’s assertion on the grounds of detailed judgment in the “judgment on Defendant B’s assertion.”

Examining the reasoning of the judgment by the court below in light of the records, the judgment of the court below is correct.

B. The lower court’s wrongful assertion of sentencing is not recognized as unfair in light of the circumstances revealed in the grounds of sentencing and the conditions of sentencing indicated in the record.

3. The defendant's appeal is dismissed.

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