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(영문) 수원지방법원 2014.09.29 2014노3344
사기등
Text

[Defendant AC] The second judgment is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. Defendant AC’s misunderstanding of facts is limited to Defendant AC’s work at the CY office operated by Defendant A in the Southern-gu Incheon Metropolitan City CY office (hereinafter “CY office”), from November 201 to January 20, 2012, and thereafter, Defendant AC did not work at the said office.

Therefore, Defendant AC participated in the instant crime from the Hadman on November 201 to the 20 January 20, 2012, and thereafter secedeed from the public contest.

Nevertheless, the lower court found the Defendant guilty of all the facts charged.

B. The sentence of imprisonment (eight months of imprisonment) of the court below on the grounds of unfair sentencing is too unreasonable.

B. The remaining Defendants’ sentence of the first instance court (the Defendant A’s imprisonment for a period of one year and six months, the Defendant B’s imprisonment for eight months, the Defendant E’s imprisonment for one year, the Defendant H, I, J, K, L, M, N, P, Q, R, and each fine of five million won for each case) is too unreasonable.

2. Determination

A. The summary of the charge of this part of the Defendant AC’s assertion of misunderstanding of facts is as follows: (i) Defendant A, B, D, D, E, F, G, H, I, J, K, L, M, P, P, Q, R, R, Z, etc. (hereinafter “Defendant et al.”).

① The Defendant, etc. explained to the effect that “If the Defendant, etc. purchases and opens a small loan advertisement using text messages to many and unspecified persons, the Defendant, etc. will keep the cell phone device as collateral and loan KRW 20 to 300,000 per unit of the mobile phone.” The Defendant, etc. explained to the effect that “I will transfer the name after three months,” and received documents necessary for the purchase and opening of the mobile phone, such as identification card, personal seal impression, and account number, by facsimile from those who consented thereto.

② When the Defendant, etc. send the above documents to the Z, the Z shall pay 30-500,000 won per mobile phone in return for the transfer of the documents, and the purchase and opening of the mobile phone in the name of the client for the loan to a third party immediately thereafter.

(3)

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