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(영문) 대전지방법원 2014.04.30 2014노159
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In determining the facts, the Defendant was guilty of this part of the facts charged, even though he was aware that he was able to impose money on the head of the Tong, sold the head of the Tong to the person who was unaware of his name, and withdrawn money from the statement to the effect that he would give more money from the deposited money, and even though he did not either conspired to commit the so-called Bosing fraud or participated in it, the lower court found the Defendant guilty.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Determination:

A. The Defendant also asserted the same purport as this part of the grounds for appeal, and the lower court rejected the above assertion in detail by stating in detail the judgment on the issue in the “judgment on the Defendant and the defense counsel’s assertion”.

In addition to the circumstances described in the court below, the court below duly adopted and examined the evidence, in particular, the following circumstances acknowledged by the statement of each police officer and prosecutor's protocol of interrogation prepared by each prosecutor against the defendant, namely, the head of Tong sales office secured by C, co-offenders, and the defendant had known that the head of Tong sales office was the Chinese telephone financial fraud organization. The defendant tried to continuously transfer the head of Tong and the card to China's general public, and the defendant had withdrawn the money deposited in the agricultural bank account under H's name in cash and remitted the money to N and P, etc. to the bank account in the order of China's general responsibility, while knowing that the amount deposited in the financial fraud account was a telephone financial fraud damage amount, the defendant committed the crime of this case jointly with the telephone financial fraud of this case by openly and indirectly inviting and functionally sharing roles with the Chinese general books, C, D, F, etc.

As such, the defendant's argument of mistake is rejected.

B. The defendant's decision on the assertion of unfair sentencing pays part of the amount of damage and agrees with the victim, and the defendant's spouse provides guidance.

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