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(영문) 서울동부지방법원 2017.04.14 2016노1831

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. The defendant's appeal 1) The misunderstanding of the facts and misapprehension of the legal principles are justified. The defendant merely introduced the singular phone at the request of G and did not share the act according to a joint resolution with E, F, G, etc. as the principal offender.

Therefore, the court below erred by misapprehending the legal principles or misunderstanding the legal principles, although the defendant did not recognize functional control over the crime of Bosing in this case.

2) The punishment sentenced by the lower court (one year and six months of imprisonment) is too unreasonable.

B. The reasoning of the lower court’s appeal by the prosecutor is too uneasible and unreasonable.

2. Determination on the Defendant’s misunderstanding of facts and misapprehension of legal principles

A. The lower court also asserted the same purport in the lower court’s judgment, and the lower court duly admitted and investigated the following circumstances, i.e., (i) the Defendant: (a) knew of the fact that G was planning to commit a singishing crime with another trillion staff in China from the beginning with G upon G’s request, and discovered that G used the singular phone to China; (b) introduced M and L again via it to G; and (c) when the Defendant introduced the said J to G, etc., the Defendant was able to receive money if he would have been making a singular phone in the said place; and (d) the Defendant was able to partially receive the said singular phone if she would receive part of the money if she were to receive money from singishing. In full view of the following circumstances, the Defendant introduced the Defendant, as a part of the singular financial practice, to G with intent to commit the said singishing act, thereby introducing the Defendant to G, etc. as part of the said sing.

The decision was determined.

B. We examine the above circumstances acknowledged by the lower court, i.e., the following circumstances acknowledged by the evidence Da as follows.