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(영문) 창원지방법원 2019.08.29 2019노711
사기
Text

The judgment below

The part of the defendant's case shall be reversed.

Defendant

A Imprisonment for one year, and Defendant B for a fine of KRW 10,00,000.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding of facts in the process of performing job-seeking activities at AB display, Defendant A (hereinafter “Defendant A1”) committed a remittance of the money received to the account designated by D with the belief that he/she would give a basic level of KRW 2.2 million per month in the course of performing the duty of delivering documents from one person D while performing job-seeking activities, and that he/she did not have any intention to participate in the act of fraud by his/her officers in the name unreciated manner because he/she did not recognize that the money was the source of damage caused by the crime of Bophishing. Even if the above Defendant’s intent to participate in the act of Bophishing is recognized, even if the above Defendant was willing to commit the crime of Bophishing, it cannot be considered as a co-principal of fraud because he/she did not have a functional control over the above crime, and thus, he/she cannot be considered as a co-principal of fraud. 2) The punishment (one and half years) sentenced by the lower

B. The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.

2. Judgment on Defendant A’s assertion of mistake of facts

A. In order to commit the singinging crime, the names and inferers, who are the total responsibility of the singing criminal organization, shall organize various stages of measures, such as incentives, management measures, and withdrawal measures, and the officers and employees belonging to the inducement measures shall, without delay, have the victims make a false statement of the fact that they would have to pay part of the existing loans to the victims by misrepresenting themselves at a financial institution and allowing them to receive a loan by using a false statement, such as inducing them to make a transaction performance, etc. and allowing them to receive a loan, and the members and employees belonging to the management measures, such as the "D team leader" (hereinafter referred to as the "D team leader") shall have the victims transfer the money to the victims, and shall instruct them to deposit the cash withdrawn by collecting the withdrawal measures, etc., and the Defendant A shall be paid KRW 200,000 as the date of the withdrawal measures, and deposit the money in accordance with the management measures, such as the "D team leader" with the deposit passbook.

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