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(영문) 서울고등법원 2015.07.02 2015노106

특정경제범죄가중처벌등에관한법률위반(사기)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Reasons

1. Summary of grounds for appeal;

A. Defendant: misunderstanding of facts, misunderstanding of legal principles, misunderstanding of unfair sentencing, 1) misunderstanding of legal principles, and the Defendant believed that E would actually harm the victims and provided an explanation about the exchange to the victims under the direction of E, E, G, and H (hereinafter the above three persons together referred to as “E, etc.”

(2) The lower court determined that the Defendant acquired the victims’ money in collusion with E, etc. is erroneous by misapprehending the legal doctrine on the crime of unfair sentencing. (2) The lower court’s sentence of imprisonment (three years and six months) against the Defendant is too unreasonable, because it is too unreasonable to deem that the instant facts charged were sufficiently proven solely on the basis of the victims’ statement or the fact that the Defendant received KRW 50 million. Even if the Defendant was aware of the fact that he participated in the crime of fraud, such as E, was merely an aiding and abetting crime.

B. Prosecutor: The lower court’s sentence on the Defendant is too uneasible and unreasonable.

2. Judgment on the defendant's misconception of facts or misapprehension of legal principles

A. The lower court determined that the Defendant could fully recognize that the victims acquired money in collusion with E, etc. in light of the following circumstances: (a) the victims believed that they would bring to Japan by exchanging the victims’ money in a bad atmosphere where the Defendant and E would take a bath and threatening speech; (b) the Defendant and E received money from the victims, and (c) the Defendant received money from the victims and received part of the amount of money from the victims, and (d) the Defendant received part of the amount of money from the victims at the time when the money was collected from the victims and was distributed.

Furthermore, the lower court’s judgment on the Defendant’s legal action