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(영문) 부산지방법원 2016.01.15 2015노4088

사기

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence (one year of imprisonment) imposed by the lower court on the Defendant (unfair sentencing) is too unreasonable.

B. Although the “scope of appeal” column of the petition of appeal submitted by the prosecutor (misunderstanding of the legal doctrine) to the lower court stated that “the grounds for appeal” column of the above petition of appeal and the grounds for appeal indicated to the effect that “the judgment below erred by misapprehending the legal doctrine on the acquittal portion of the judgment below,” and the prosecutor stated that “the part on acquittal portion of the judgment below’s reasoning” was remanded to the instant appeal on the first trial date.

As to the part of the facts charged in the instant case, “the Defendant, in collusion with the employees of Bosishing operations, received KRW 32 million from the victim D to the foreign exchange bank account in the name of G (hereinafter “instant dispute part”),” (hereinafter “instant dispute part”), inasmuch as there was a combination of opinions in order or impliedly among several persons and formed a joint principal offender, even if a person who did not directly participate in the implementation act was held accountable for the principal offender’s criminal liability as a joint principal offender’s act, the Defendant seems to have been sufficiently aware of the fact that he was involved in the crime of Bosishing. ② The Defendant was committed by a public invitation among the members of the criminal organization, such as inducement, solicitation, withdrawal measures, etc., ③ The victim D bears the portion of the instant dispute over the transfer from the bank in the name of the victim under the name of the victim, to the bank account in the name of the victim, to the account in the name of the victim, and to the account in the name of 36 million account, to the account in the name of the victim.