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(영문) 대전지방법원 2020.08.13 2020노1426
사기
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) Defendant (1) did not know whether he was involved in the crime of Bosing a misunderstanding of facts, and does not constitute a co-principal of fraud.

(2) The sentence imposed by the lower court (one year of imprisonment, confiscation) is too unreasonable.

B. Prosecutor: The sentence imposed by the court below on unreasonable sentencing is too uneasible and unreasonable.

2. Determination

A. The court below asserted that the defendant's assertion of mistake of facts was identical to the defendant in the court below. The court below accepted the defendant's assertion of mistake of facts: (1) the defendant committed a crime in several consecutive forms, such as a total book, call center, collection book, remittance book, solicitation book, execution book, etc., which makes it difficult to understand detailed information about the structure of the crime and related persons; (2) the defendant sent contact with the defendant through the job site after sending the contact with the defendant's contact address and identification card; and (3) the defendant had expressed his intention to continuously commit the crime without one time; (3) the defendant started the crime of this case from January 13, 202 to April, 200; and (4) the defendant actively participated in the crime of this case with the purpose of arresting the defendant as a place for the whole information, and (4) the defendant could not be able to know the specific contents of the crime of this case, such as the name of the defendant and the related persons.

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