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(영문) 서울중앙지방법원 2016.01.07 2015노4036
컴퓨터등사용사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Each of the items of sub-paragraphs 1 through 12 of seized evidence.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1 was aware of his executive officers’ tax evasion funds, gambling funds, etc. and did not recognize that he was involved in telephone finance fraud.

On March 20, 2015, the Defendant conspiredd with another telephone finance fraud assistance employee to commit a fraud only with the content of conversation between Ma-gu and Kakaox on March 20, 2015.

It is insufficient to recognize it.

The court below recognized that the defendant committed a telephone financial fraud in collaboration with a nameless person, thereby preventing the defendant from committing a telephone financial fraud.

In light of this part of the facts charged, there is an error of misunderstanding the facts.

2) On March 24, 2015, the Defendant released 1.8 million won, which was remitted to the account under M’s name, by deceiving the victim H with his/her name in collusion with another person with his/her name in bad faith, and wired it to another account.

The court below is not clear whether the above victim was accused and remitted 1.8 million won to the above victim.

On the other hand, there is a violation of law of misunderstanding that the charges were acquitted on this part of the facts charged.

B. The punishment sentenced by the court below (one year of imprisonment, confiscation, and return of the victim) is too heavy or (the defendant) is too heavy.

2. According to the evidence duly admitted and examined by the lower court on the Defendant’s assertion of mistake of facts, the Defendant, upon receiving an order from the Kwikset service articles, entered the card number and passwords on the back of the card in accordance with the card number and password, which was known to the names of the winners, by obtaining an order from the officers of Kwikset Service, and stated the card number and passwords. After that, the Defendant moved to a Do newsletter, entered several banks in accordance with the instructions of the persons without a name, and withdrawn cash, and remitted the money withdrawn to the names of the victims, the amount remitted by the Defendant to the non-persons without a name reaches KRW 90 million, and the amount work in the above manner for about six days.

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