사기
The prosecutor's appeal is dismissed.
1. Although the court below found the Defendant guilty of the facts charged in the instant case, it erred by misapprehending the legal principles as to joint principal offenders, and thereby acquitted the Defendant.
Even if it is not recognized that the intention as a joint principal offender is not recognized.
Even if there was a dolusent perception that the defendant was engaged in at least illegal acts and facilitate it.
Therefore, the crime of aiding and abetting fraud should be recognized.
2. Determination
A. As to the summary of the facts charged of the instant case, an employee of the phishing organization assumes false calls from many unspecified victims and assumes a financial institution, and pays the victims a credit rating or money as a guarantee insurance premium, the employee made a false statement as if he/she would make a loan to the victims at a low interest, thereby compelling the victims to transfer money to the account.
On December 2, 2017, the Defendant called the “D Lending Brokerage” company that became aware of through the Internet site C, which was the end of December, 2017, and is called the “E” director, and is called the “E” director, and is selected as the real estate security inspection personnel.
The date of business trip is the business trip to affix a photograph of real estate.
“Along with the word “A”, the Defendant, despite being aware of the fact that the Defendant may be a criminal act for the collection, etc. of loans, conspired with the employees of Bosing and committing fraud, including the “E”, to take charge of remitting the amount of damage from Bosing in return for money.
On January 18, 2018, according to the above public offering, a member of the state bank G division is a member of the national bank, who calls to the victim F around January 18, 2018.
Does the intention to escape existing loans at low interest rate.
If it is intended to borrow a substitute loan, it is possible to first examine the loan to a certain extent and have it in the account.
The number of years is 1.1