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(영문) 수원지방법원 2016.09.02 2016노1656
사기등
Text

All appeals by the Defendants and by the Prosecutor against Defendant E are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding of facts only provided a legal account to A and B with the knowledge that it will be used for money exchange, and even though the account was completely known that it would be used for singing, the judgment of the court below which found Defendant A guilty of the crime of fraud and fraud by using computers, etc. was erroneous in the misapprehension of facts, which affected the conclusion of the judgment. 2) The judgment of the court below of unfair sentencing ( imprisonment of four years and six months, and confiscation) is too unreasonable.

B. Defendant B (1) misunderstanding of facts is erroneous in the misapprehension of the judgment of the court below which found Defendant B guilty of the crime of fraud against Defendant B and fraud using computers, etc., which affected the conclusion of the judgment, even though Defendant B was aware that it will be used in the transshipment project by AA’s solicitation, or obtained by transfer of the account, cash withdrawal, and used in Bosing or used in using it at all. However, the judgment of the court below which found Defendant B guilty of the crime of fraud by using computers, etc. was erroneous in the misapprehension of facts.

C. Defendant C1) misunderstanding of facts merely transferred the account with the intent to commit an act with S, A, B, etc., and with the intent to use it for scam. However, the judgment of the court below which found Defendant C guilty of fraud and fraud by using computers, etc., which affected the conclusion of the judgment by misunderstanding the facts. 2) The judgment of the court below which found the Defendant C guilty of the crime of unjust sentencing is too unreasonable.

Defendant

E1) Although Defendant E was unaware of the fact that Defendant E was used for scam, the judgment of the court below which found Defendant E guilty of the crime of fraud, computer, etc. was erroneous by misunderstanding the fact and adversely affecting the conclusion of the judgment. 2) The judgment of the court below of unfair sentencing (one year and six months of imprisonment, and confiscation) is too unreasonable.

E. The Prosecutor’s sentence against Defendant E by the lower court is too unhued and unreasonable.

2. Determination

A. Defendant A's.

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