사기등
All appeals by the defendant and the prosecutor are dismissed.
1. The court below rejected the application for each compensation order filed by the applicants for the original judgment, and pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the applicant for compensation cannot file an objection against the judgment dismissing the application for compensation order. Thus, the part rejecting the application for compensation order was immediately determined and excluded from the scope of the judgment of the court.
2. Summary of reasons for appeal;
A. The sentence imposed by the lower court (one year and six months of imprisonment, and confiscation) is too unreasonable.
B. Prosecutor 1) In misunderstanding of the facts or misunderstanding of the legal principles (not guilty part of the reasoning), the Defendant, as stated in the facts charged, participated as a joint principal offender in the fraudulent crime committed by the members of telephone communications fraud assistance staff under his name, but the lower court recognized only the crime of aiding and abetting fraud to the extent recognized as identical to the facts charged and rendered a not guilty on the grounds of fraud. Therefore, the lower court erred by misapprehending
2) The sentence sentenced by the lower court is too unhued and unreasonable.
3. Determination
A. As to the prosecutor’s assertion of misunderstanding the facts or misapprehension of the legal principles, the lower court’s determination is based on the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, namely, ① the important role of inducing victims to transfer money to the price of goods or receiving profits by deceiving the victims as if they were sold each of the instant frauds, led by the employees of Bosing, and the Defendant’s role was to deliver the amount calculated by deducting daily allowances, withdrawing the amount of damages deposited by the victims, and then deducting the daily allowances. ② If the Defendant of Bosing crime was transferred and transferred funds of the victim to the account using the fraud by deceiving the victims to the victim, the crime of fraud reaches the maturity (see, e.g., Supreme Court Decision 2017Do3894, May 31, 2017).