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(영문) 서울동부지방법원 2016.05.13 2016노221

특수절도등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 2 shall be confiscated.

Reasons

1. Summary of grounds for appeal;

A. As to Defendant 1’s criminal facts Nos. 4 and 5 as indicated in the original judgment, the Defendant merely performed the duties ordered by telephone instructions as the sewage of Bosing singing singing singing sing sing sing sing sing sing sing sing sing sing sing sing sing sing sing sing sing sing sing sing sing sing sing sing sing sing

B. The above sentence of the court below by the prosecutor is too unhued and unreasonable.

2. Determination

A. Regarding the misunderstanding of the facts or misunderstanding of the legal principles of the defendant, the conspiracy of two or more persons in co-offenders who jointly process a crime does not require any legal penalty, but only constitutes a combination of two or more persons' intent to jointly process a crime and realize the crime, and thus, there was no process of the whole conspiracy.

Even if there is a mutual understanding that there is no need to establish a competitive relationship in advance, and that there is a mutual understanding that each accomplice will achieve the composition requirements or share the actions in essence related to the composition requirements.

Therefore, according to the evidence duly adopted and examined by the court below, the non-indicted 1, the defendant, who was the general book of the phishing, had the victim K and L receive or withdraw money from the victim K and L, and the defendant delivered money to D, etc. under the direction of the non-indicted 1. The defendant's act is necessary for the completion of the crime of the phishing. The defendant's participation in the crime of the phishing, which is recognized by the evidence.