특정경제범죄가중처벌등에관한법률위반(사기)등
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. In relation to Defendant 1’s misunderstanding of facts, etc., Defendant 1 did not participate in the act of forging the insurance premium of KRW 25 billion under the name of representative director C Co., Ltd. (hereinafter “C”), and there was no conspiracy of forgery with B. In relation to the forgery of private documents, violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the use of the aforesaid investigation document.
The Defendant did not exercise the insurance policy of this case against the victim D, and did not participate in the fraud of the victim D.
B) The case No. 2012 Gohap1088 (hereinafter “the case No. 2”)
(C) In relation to the fraud around July 5, 2011, the lower court found the Defendant guilty of this part of the facts charged. In so doing, the lower court erred by misapprehending the legal doctrine or misapprehending the legal doctrine.
2) The lower court found the Defendant not guilty of this part of the facts charged in light of the victim U U’s statement, etc. concerning the fraud around June 20, 201 among the second case, including mistake of facts, etc., as to the sentencing of unfair sentencing is too unreasonable. B. The lower court erred by misapprehending the rules of evidence and erroneous determination of facts based on incomplete deliberation.
2. The sentencing of the lower court is too unjustifiable and unreasonable.
2. Determination
A. Article 30 of the Criminal Act provides that two or more co-principals of the relevant legal principles regarding the Defendant’s assertion of mistake, etc. are co-principals. In order to constitute co-principals, subjective requirements are the intent and objective requirements for co-principals, and the fact of criminal execution through functional control based on the co-principal’s intent is necessary, and the intention of co-processing is a specific criminal act with the co-principal’s intent.