(영문) 광주지방법원 2021.01.13 2020노2795 | 리걸엔진

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Reasons

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줄 간격

자간(%)

(영문) 광주지방법원 2021.01.13 2020노2795

사기등

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant did not know that he was involved in the criminal conduct of licensing.

2) The sentence of the lower court (one year and two months of imprisonment) that was unfair in sentencing is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The following circumstances acknowledged by the lower court’s duly admitted and investigated evidence regarding the assertion of mistake of fact: (i) the Defendant returned to various places under the direction of the person without a name, and received compensation from the victims; and (ii) remitted the remainder of the money excluding his/her share of the money; and (iii) is the form of a financial institution’s ordinary

In light of the fact that it is difficult to see that the Defendant printed out documents in the name of the financial institution, etc. related to the Plaintiff’s bank, and then collected cash from the victims, and presented the above documents, and that the Defendant gave specific instructions to the Defendant regarding the actions to be taken to avoid suspicions from the victims, including the name, position, and name of the financial institution to misrepresentate the Defendant, and the name influences, the Defendant was aware that he was involved in the phishing crime, and that the Defendant was in charge of collecting the amount of damage from the victims even though he was aware that he was involved in the phishing crime

may be appointed by a person.

Therefore, the defendant's assertion of facts is without merit.

3. The Defendant’s judgment on the wrongful argument of sentencing is an initial offender with no criminal history, and the benefits obtained by participating in the instant crime are not larger than the amount of the defrauded’s fraud.

On the other hand, the crime of this case is committed by the defendant who takes part in the collection of cash in the crime of Bosing, and acquired the total of KRW 47,66,00 from five victims, and additionally arrested the victim I to acquire eight million won from the victim I to commit the attempted crime.

The criminal act of Bosing is against many unspecified victims.

유사 판례

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-서울동부지방법원 2018.10.10 2018고단2674

-수원지방법원 2018.06.21 2018노2495

-대구지방법원 김천지원 2021.01.27 2020고단1218