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(영문) 춘천지방법원 2021.02.10 2020노862
사기방조
Text

The judgment below

The part of the defendant's case against the defendant is reversed.

The defendant is not guilty. The summary of this judgment.

Reasons

The court below rejected the application for compensation order filed by the applicant D, and the applicant for compensation cannot file an objection against the judgment dismissing the application for compensation order pursuant to Article 32(4) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, and the judgment becomes final and conclusive immediately. Thus, the part rejecting the application for compensation order filed by the court below is excluded from the scope of the trial of this court (see the part accepting the application for compensation order filed by the applicant C and the application for compensation order filed by the applicant for this court). 2. Summary of the grounds of appeal

A. The Defendant did not have an intention to mislead the Defendant of the fact as an aiding and abetting to take part in a telephone financial fraud (the so-called “singing”, hereinafter referred to as “singing”) as stated in the facts of the crime as indicated in the lower judgment.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

3. Judgment on the assertion of mistake of facts

A. The summary of the facts charged in the instant case against the Defendant is an organization that emblings the Defendant to “to provide a loan” by misrepresenting an unspecified number of victims of telephone calls and misrepresenting them to the employees of a financial institution, and then acquires money from the victims.

The Singish organization is operating in the form of an organization of occupation thoroughly in preparation for arrest. The organization takes part in each role, such as “ Call Center,” “cash delivery,” “measures to receive the amount of damage,” “measures to remit the amount of damage to domestic and foreign accounts,” and is operating in the form of an organization of occupation thoroughly.

On May 8, 2020, the name impishing staff is the head of the M bank NE team by posting a telephone to the victim D on May 8, 2020.

The loan will be extended at 20% of the deposit for 71 million won.

“False speech was made to the effect that it was “.”

However, since the name-oriented person was not a M bank employee, there was no intention or ability to provide a loan to the victim.

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