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(영문) 서울고등법원 2014.09.19 2014노1768
특정경제범죄가중처벌등에관한법률위반(사기)방조등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal: (a) Although the Defendant was in close friendly manner and was unaware of the fact that M was involved in the receipt of the gold products illegally delivered by deceiving the victim Korea Min Il-young, the lower court found the Defendant guilty of aiding and abetting the above crime by misunderstanding the facts, and (b) The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the court below rejected the above assertion in detail with the defendant's assertion and its decision under the title "the judgment on the defendant's and his defense counsel's assertion" in the judgment of the court below. If the above judgment of the court below is examined closely with the evidence duly adopted and examined, the judgment of the court below is just, and the above assertion by the defendant is without merit.

B. As to the assertion on unfair sentencing, there are some circumstances to consider the Defendant’s circumstances, such as the confession and reflect of the crime of violation of the Act on the Control of Narcotics, Etc. (hereinafter “the Act”), the Defendant’s support for his/her parents and other family members, and the Defendant’s support for his/her favor.

However, the crime of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) was committed by the defendant by introducing C, etc. the goods receipt policy M to enable C, etc. to use foreign credit card settlement information acquired in an unlawful manner so that C, etc. can obtain more than KRW 500 million from the victim's Korea Minh and it cannot be deemed that the criminal liability is less than that of the crime. Although the defendant had previously been punished three times due to the drug-related crime, he again committed the crime of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (f

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