logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2016.06.16 2015노1911
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s grounds of appeal (i.e., the Defendant’s charge of fraud against DX, which falls under the category 41 to 45 of the attached Table 1 of the lower judgment, is irrelevant to the Defendant, and there was no conspiracy or participation in the said fraud crime.

Shebly sentenced sentence of the court below (two years and six months of imprisonment) is too unreasonable.

B. In full view of the prosecutor’s grounds for appeal, the prosecutor’s evidence submitted by the prosecutor as to the facts charged of this case can be found guilty. However, the court below erred by misapprehending the facts and acquitted the Defendant on the charge of fraud as to the crime committed on a yearly basis, 82 through 189 year, among the facts charged of this case, and the fraud by using computers,

Shebly sentenced sentence of the court below (two years and six months of imprisonment) is too unhued and unfair.

2. Determination

A. We examine the Defendant’s assertion of mistake of facts: ① the victim DY, BK, DZ, BJ, EA, BM, EB, EB, EB, EEC, and BO respectively. This is consistent with the AU’s liability for withdrawing phishing crimes against DX; ② each of the above Boishing crimes was between October 11, 2013 and October 22, 2013; ② the period of committing the crime of 200,000 from 11, 2013 to 40, and 46 through 777 of the lower judgment; ③ the date and time of committing the Doishing crime against DX is within the above period of time, and ③ the Defendant’s 20,000 co-offenders and the Defendant’s 25,000,0000 Y10,000,000,000,000,000,000).

arrow