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(영문) 의정부지방법원 2015.01.30 2014노2812
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts is merely a fact that a person who made a passbook to himself/herself was a telephone financial fraud assistance employee, and that the money deposited in the above passbook was caused by lawful game item transaction even though he/she was unaware of the fact that the passbook received is a large passbook, and it is merely a fact that he/she withdrawn money from the above passbook and delivered it to him/her according to the instructions of the person who made the above passbook.

Therefore, the judgment of the court below that found the defendant guilty of obtaining the victims' property in collusion with telephone financial fraud assistance staff is unfair since the judgment of the court below is erroneous.

B. The sentence imposed by the lower court (ten months of imprisonment) is too unreasonable.

2. Determination

A. In the judgment of the court below as to the assertion of mistake of fact, the defendant argued the same as the grounds for appeal in this part, and the court below rejected the above assertion and sentenced the defendant guilty on the grounds as stated in the lower court’s judgment in the lower court’s summary of evidence. In light of the facts acknowledged by the evidence duly adopted and investigated by the court below, the court below’s above decision is acceptable.

Therefore, this part of the defendant's argument is without merit.

B. There are circumstances such as the fact that the Defendant did not seem to play an important role in the instant crime, and that the acquired profits also do not seem to have many.

However, taking into account the fact that the Defendant continues to deny the instant crime, and the social harm caused by the instant crime with an unspecified majority of the general public, it is reasonable to hold the Defendant liable for strong liability even to the withdrawal books, the amount of damage caused by the instant crime exceeds KRW 80 million, and the damage has not been recovered from the trial.

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