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(영문) 춘천지방법원 2019.07.12 2019노379
사기방조등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence is too unfilled and unfair.

B. Defendant 1) On June 25, 2019, at the first trial of the appellate court on June 25, 2019, Defendant 1 stated that the Defendant’s defense counsel stated the grounds for appeal as an unreasonable sentencing, and the Defendant also consented thereto. However, on the same date, the Defendant asserted that he did not have any awareness that he was involved in Bosing, in the last statement, he/she did not have any awareness of his/her participation in Bosing, and on the grounds that he/she stated the same purport within 20 days from the time he/she was served with the appellate court’s written notification of the receipt of the appellate court’s notification of the receipt of the trial record, he/she shall be deemed to have made a mistake of facts, and thus, he/she shall

2. Determination

A. The defendant asserts that he did not have an awareness that he was involved in the phishing crime.

However, in full view of the following circumstances acknowledged by evidence duly adopted and examined by the court below, i.e., (i) it is difficult to regard the Defendant’s business as a normal financial business because it remitted cash received from the entire country to a specific account according to the instruction of a person whose name is unknown; (ii) it is difficult to regard the Defendant as a normal financial business; (iii) it has been punished for the violation of the Electronic Financial Transactions Act by transferring a passbook and a cash card; and (iv) the Defendant stated that the investigative agency considered the Defendant’s act as illegal at the time of committing the crime.

The defendant's assertion in this part is not accepted.

B. The background and method of each crime, the amount of damage, the degree of the defendant's participation, the records of the crime, and the singishing of the prosecutor and the defendant's assertion of unfair sentencing.

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