(영문) 서울동부지방법원 2020.10.16 2020노894

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(영문) 서울동부지방법원 2020.10.16 2020노894

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (one year and two months of imprisonment) is too unhued and unfair.

B. Defendant (1) misunderstanding of facts (1) : (a) the Defendant thought that he was an employee of an auction-related company to engage in the duties of receiving and remitting cash; and (b) did not have an intent to participate in the commission of the crime of Bosing; (c) therefore, there is no conspiracy with employees of Bosing and do not have to be recognized; and (b) the Defendant did not receive KRW 10,700,000,000,000, out of No. 5

(2) The above sentence imposed by the lower court of unreasonable sentencing is too unreasonable.

2. Judgment on the defendant's assertion of mistake of facts

A. The lower court also asserted the same as the Defendant in the trial, and the lower court, based on the evidence duly admitted and investigated, determined that the Defendant had an intent to participate in the crime of Bosing, and that there was a public recruitment relationship with the employees of Bosing, by taking into account the circumstances acknowledged by the evidence duly admitted and investigated.

Examining the above judgment of the court below in comparison with the evidence, the judgment of the court below is just, and it cannot be viewed that there was an error of mistake of facts as alleged by the defendant in the judgment below.

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

B. Whether a person who received KRW 10,77 million from the victim is guilty or not (1) The summary of this part of the facts charged reveals that a person who received false statements in this part of the facts charged assumes the identity of an employee of a financial institution as an organization of the crime of telecommunications-based financial fraud (i.e., one-time phishing) and induces the victim, and the Defendant made a public

In order to view the loan repayment ability of KRW 10,77 million remaining after telephoneing the victim N at a place where it is impossible to know, the incentive for a “singing” in the name of a person who is not known.

유사 판례

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