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(영문) 부산지방법원 2020.03.20 2019노2228
사기방조
Text

1. All appeals filed by Defendant B and prosecutor are dismissed.

2. Defendant A’s judgment of the lower court.

Reasons

1. Summary of grounds for appeal;

A. Each sentence sentenced by the court below (the court below's judgment: 8 months of imprisonment with prison labor for Defendant B, 1 year of imprisonment with prison labor for Defendant A, 8 months of short term, and 2: Defendant A's imprisonment with prison labor for 1 year) is too unreasonable.

B. As to the prosecutor (the first instance court's judgment) found not guilty of the Defendants at the first instance court's judgment on mistake of facts (each fraud against the Defendants), the Defendants' act provided an account that serves as an essential element for realizing the outcome according to the entire Bosing Criminal Plan, and constitutes a joint principal offender, but the court below's decision that recognized the Defendants only an offense of aiding and abetting and acquitted the Defendants of this part of the facts charged is erroneous in the misapprehension of facts. 2) Each of the above types of punishment sentenced by the first instance court's judgment on unreasonable sentencing is too

2. Judgment on Defendant B

A. Judgment on the Prosecutor’s misunderstanding of facts 1) Summary of this part of the facts charged and Co-defendant C in the first instance judgment (hereinafter “CK”)

() The Defendant and CK had been aware of the fact that it was an officer of the telephone financial fraud organization who committed the crime of fraud by deceiving money through a bank account prepared in advance by making a false statement, such as “to lend money to an unspecified number of unspecified victims at a low interest.” On March 13, 2019, the Defendant and CK conspiredd to transfer CK’s physical card while being aware that it would be used for the crime of scaming to the above person under the name of scam introduced by Maman-dong from Maman-dong, Seocho-dong, Incheon, with the knowledge that it would be used for the crime of scaming, and the Defendant received the cam card connected to the cM, and then delivered it to the above person under the name of Da bank account (hereinafter referred to as “Scam card”) in the name of his woman from the cK on March 13, 2019.

On March 8, 2019, the above-mentioned person who has failed to pay a low interest loan to the victim CN by telephoneing to the victim CN.

Existing loans.

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