특정경제범죄가중처벌등에관한법률위반(사기)등
Defendant
B All appeals by prosecutors are dismissed.
1. Summary of grounds for appeal;
A. Defendant B (1) misunderstanding of the facts or misunderstanding of the legal principles, Defendant B merely received a debt from A, and did not know that A committed a fraud against the victim L.
Therefore, Defendant B did not have the intention of aiding and abetting.
2) The punishment sentenced by the lower court to the Defendant (one year of imprisonment) is too unreasonable.
B. Prosecutor 1) misunderstanding of facts or misunderstanding of legal principles (as to Defendant C), Defendant C received KRW 32 million from the victim I to use the money for land appraisal costs, but did not use the said money for land appraisal costs. As such, Defendant C’s act constitutes fraud for the purpose of use.
Nevertheless, the lower court rendered a not-guilty verdict on Defendant C among the facts charged in the instant case. In so doing, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of
2) The sentence sentenced by the lower court against Defendant B is too uneased and unreasonable.
2. Determination
A. According to the Criminal Act regarding Defendant B’s assertion of misunderstanding of the facts or misapprehension of the legal doctrine, an aiding and abetting act refers to a direct or indirect act that facilitates the principal offender’s commission of a crime. As such, an aiding and abetting act must have the principal offender’s intent as to aiding and abetting the principal offender’s commission of a crime and that the principal offender’s act constitutes an act that meets the element of organization. However, inasmuch as such intent is in depth, if the principal offender denies it, it is bound to prove by the method of proving indirect facts that have considerable relevance to the principal offender’s intent in light of the nature of the object. In this context, what constitutes indirect facts that have considerable relevance is reasonably determined based on normal empirical rule.