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(영문) 서울서부지방법원 2016.11.10 2016노741
사기미수등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s assertion of misunderstanding of facts and misunderstanding of legal principles by Defendant A had no awareness that he/she committed a crime jointly with Defendant B at the time of the instant case, and thus, he/she cannot become a joint principal offender with

Nevertheless, the judgment of the court below which convicted Defendant A of attempted fraud is erroneous by misapprehending the facts or by misapprehending the legal principles.

B. The lower court’s sentence against both Defendants on the grounds of unfair sentencing is unreasonable.

2. Determination

A. In full view of the following circumstances, Defendant A’s assertion of mistake of facts and misapprehension of legal principles and the record and pleading, it is possible to fully recognize the facts charged of this case, including the facts of conspiracy with Defendant B, and thus, Defendant A’s assertion of mistake of facts and misapprehension of legal principles is rejected.

The Defendant stated that around March 20, 2015, around March 20, 2015, the Defendant was arrested as the instant crime during the prosecution investigation process, Defendant B went to the site of the instant case along with Defendant B, and that he was aware of the fact that he had taken money in connection with Bosing at the time of the instant case, and that he had been aware of the fact that he had taken money in connection with Bosing. The lower court also acknowledged all of his criminal acts.

Defendant

B During the prosecution investigation process, Defendant A and himself stated that Defendant A would receive money from the bank, and that Defendant A would receive money from Defendant A on the day of the case, and Defendant A would receive money from Defendant A on the day of the case. In addition, Defendant A agreed to do so.

Defendant

A’s defense counsel argues to the effect that the above defendant did not constitute joint principal offenders because he did not know that he did not deliver money to the bank and caused the receipt of money. However, the defendant A is related to Bosing.

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