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(영문) 부산지방법원 2020.09.25 2020노2263
사기등
Text

The judgment below

Among them, the remainder, excluding the dismissal of public prosecution and compensation order, shall be reversed.

Defendant .

Reasons

1. The lower court’s judgment dismissed all the application for compensation by the applicant for compensation, and since each of the above application for compensation was immediately finalized as it was impossible to file an objection against the judgment dismissing the application for compensation pursuant to Article 32(4) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, the part of the lower court’s rejection of each of the above applications for compensation is excluded from the scope of the

2. Summary of grounds for appeal;

A. With respect to the crime of fraud in Part I of the crime list I in the judgment of not guilty on the ground of mistake or misunderstanding of legal principles, since the defendant was integrated with the employees of Bosing and intended to move to the commission of the crime by using his act, or was in a relationship of mutual use, it constitutes a joint principal offender in the crime of fraud, the court below acquitted the defendant as to the fraud and convicted him only for the crime of aiding and abetting the fraud. Therefore, the court below erred in the misunderstanding of facts and misunderstanding of legal principles as to the crime of fraud in Part II of the crime list II in the judgment dismissing the prosecution.

Therefore, the court below erred by misapprehending the legal principles.

B. The sentence imposed by the lower court (one year of imprisonment) is too uneased and unreasonable.

3. Determination

A. As to the non-guilty portion of the facts charged in the instant case, the lower court appears to have led the victims to transfer or instruct the victims to withdraw the transfer by means of telephone, etc. with respect to the fraud crime listed in Appendix I among the facts charged in the instant case, and the Defendant’s role is ordered to receive money from the singish withdrawal.

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