(영문) 광주지방법원 2020.09.22 2020노1620 | 리걸엔진

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Reasons

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(영문) 광주지방법원 2020.09.22 2020노1620

사기

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Inasmuch as the Defendant did not know at all the fact that he was involved in the crime of Bophishing fraud, there was no intent to obtain money from the victim, and there was no fact that he conspireds with the employees of Bophishing. Nevertheless, the lower court’s judgment convicting the instant facts charged is erroneous in misunderstanding of facts and misunderstanding of legal principles. 2) The lower court’s imprisonment (one year and two months of imprisonment, and one year and two months of confiscation No. 1) is too unreasonable.

B. The above sentence of the lower court is too unhued and unfair.

2. Judgment on the misconception of facts and misapprehension of legal principles by the defendant

A. On the grounds indicated in its reasoning, the lower court found the Defendant guilty of the instant facts charged on the ground that, while recognizing the fact that at least the Defendant’s act may relate to the crime of Bophishing fraud, the Defendant conspired with the employees of Bophishing assistance in sequential order, thereby leading the Defendant to collect money from the victim.

B. Examining the judgment of the court below closely with the records of this case, the above judgment of the court below is just and acceptable, and there is no error of mistake of facts or misunderstanding of legal principles as alleged by the defendant.

This part of the defendant's assertion is not accepted.

3. The objective factual basis of the Defendant and the prosecutor’s assertion of unreasonable sentencing lies in recognizing the objective facts of the instant crime, and showing an attitude of reply and reflection against the failure to commit the instant crime. The Defendant is the primary offender, and the Defendant does not appear to have committed the instant crime with an accurate awareness of the substance and resistance of the instant crime, and the benefits derived from the instant crime are not more than KRW 400,000,000,000,000,000,000,000 won, etc. are to eradicate the instant crime.

유사 판례

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