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(영문) 제주지방법원 2015.11.19 2014노708
컴퓨터등사용사기
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Although some of the main points of the grounds for appeal are not consistent or different from facts, as long as the statement of D is consistent with its key contents, it shall be deemed that the statement of D is reliable, and on the other hand, it is against the rule of experience that the defendant was given without any consideration a large amount of money that D difficult due to the circumstances that are close to each other, and if the defendant sent text messages to D after this case, it can be sufficiently recognized the facts charged of this case. However, the court below found the defendant not guilty on the grounds of the circumstances in its ruling, which affected the conclusion of the judgment by misconception of such facts.

2. Determination

A. A. Around June 30, 2013, the summary of the facts charged of the instant case: (a) the Defendant: (a) was aware of the fact that the Defendant: (b) was to enter KRW 3,00,000 from the deposit account (Agricultural Cooperatives E) used by D to withdraw KRW 3,00,000; and (c) obtained cash cards linked to the instant account from D to the said account, and (d) subsequently withdrawn KRW 3,000,000 on June 30, 2013; (b) the Defendant first withdrawn KRW 3,00,000,000 on July 1, 2013; and (c) obtained the said cash cards from the Central point of Han-si branch of Korea, Han-do, 1222, and then withdrawn KRW 1,00,000 in the total amount of KRW 1,00,000 in the cash automatic machines managed by the said Nonghyup; and (d) withdrawn KRW 30,3005,2000.

B. On the judgment of the court below, the court below suspected that D's specific statement does not coincide with F's departure and arrival time stated in the seafarer's boarding report certificate, and D's credibility is suspected.

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