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(영문) 서울동부지방법원 2020.12.10 2020노696

사기미수등

Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

Comprehensively taking account of the fact that the defendant forged an official document under the name of the Chairperson of the Financial Committee, sent the document to the staff of Bosing singing singing sing sing sing sing sing sing sing sing sing sing sing sing sing sing sing sing sing sing sing sing

2. Determination

A. The court below determined that the evidence submitted by the prosecutor alone is insufficient to acknowledge the fact that the defendant had the intention to participate in the Bosing crime is insufficient to recognize that the defendant had an intention to participate in the Bosing crime, on the following grounds: (a) the mental health status of the defendant was not good, such as continuously receiving the pain treatment, and that this was not properly performed while responding to the brief instruction of "E", which is the cause of the Bosing organization; and (b) the victim was unable to properly perform his/her duties, and (c) the victim was found not an employee of the Financial Supervisory Service solely with the appearance of the defendant.

B. The following circumstances revealed by the court below, which can be acknowledged by the evidence duly adopted and investigated at the court below, i.e., ① although the defendant was found to have opened five Internet telephone calls in his own name and transferred them to E, the defendant seems to have thought to have received compensation for lending his/her name, and no additional circumstance exists to recognize that he/she performed the above telephone call, and ② the defendant's contact with the E team leader was stated that he/she did not work as the E team leader was not conducted more than one month prior to the date of the occurrence of the case, or more than one month prior to the date of the occurrence of the case (Evidence No. 28 of the evidence record) and that he/she actually decided to collect cash on the date of cash.