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(영문) 서울중앙지방법원 2018.06.08 2018노725
사기미수
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. The Defendant alleged that the facts of the Defendant were false, but he was aware that N and J, a branch, had been detained in singing crimes, even though they were involved in singing crimes.

In order to get off their defects, N used N's cellular phone to find out the upper line of the instant Bosing, and was arrested at the scene of the crime.

Therefore, the judgment of the court below that found the defendant guilty is erroneous by mistake.

B. The lower court’s punishment (eight months of imprisonment) that is unfair for both parties’ wrongful sentencing is too minor or unreasonable.

2. Determination

A. 1) According to the evidence duly admitted and examined by the lower court, the following facts can be acknowledged.

A) C’s participation in the crime, arrest process, and statement ① misrepresentation of the employee of the Financial Supervisory Service as the subordinate delivery of the instant Bosing organization, and, on August 24, 2017, misrepresentation of the inspection into the name and withdrawal of cash in the account stolen and request the Financial Supervisory Service to deliver it to the employee of the Financial Supervisory Service, the said Bosing employee’s horse was issued KRW 8 million by M, and transferred KRW 7.2 million to the said employee on August 25, 2017. The end of the said Bosing employee at the end of the said purport was 19 million won by receiving KRW 17.1 million from L and receiving KRW 17.1 million from L to the intermediate delivery book, thereby taking part in the crime of defrauding KRW 19 million.

② Around 11:00 on August 28, 2017, an employee of the instant Bosing service made a false statement that he would withdraw cash in the account and deliver serial numbers to the employee of the Financial Supervisory Service prior to the exit 9 times in the viewing field, in order to verify whether the name of the victim was stolen by phone calls from the victim D and misrepresenting the inspection at the central inspection at the Seoul Central District Office, and to verify whether the name of the victim was stolen, but D reported to the police.

(3) C on August 28, 2017, 15:15: 2 of light subway lines.

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