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(영문) 수원지방법원 2021.01.15 2020노5552
사기등
Text

The defendant's appeal is dismissed.

An application for compensation by an applicant for compensation filed in the appellate court shall be dismissed.

Reasons

1. Summary of the Reasons for Appeal: misunderstanding the facts and misunderstanding of the legal principles (the Defendant was recruited with employees of Bohishing, or had no intent to participate in his fraud, and did not know of the crime itself.

In light of the degree of the defendant's participation, the form of conduct, awareness, etc., the defendant is only responsible for the "aided and abetting" and does not fall under the "joint principal offender" and the sentencing is unfair.

2. Determination

A. Examining the facts and misapprehension of legal principles in light of the evidence duly admitted and investigated by the court below, the court below found all of the facts charged in this case guilty on the grounds as stated in its holding, and it is just to find the defendant liable for "joint principal offender" rather than mere aiding and abetting, and there is no error of misunderstanding the facts alleged by the defendant or misunderstanding of legal principles.

The defendant's assertion of misunderstanding of facts and misapprehension of legal principles is rejected in all.

B. Under our criminal litigation law, which takes the principle of trial-oriented and directness of sentencing, there exists no change in the conditions of sentencing compared to the first instance court in relation to the determination of sentencing, and where the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260 Decided July 23, 2015). In this case, there is no particular change in the conditions of sentencing compared to the lower court.

In addition, the circumstances and contents of each of the instant crimes, motive, means, and consequence of the instant crimes, in particular, the harmful effects of the instant crimes on our society, such as the instant crimes, are serious. The amount of the instant victims and the amount of damage is considerably high, and the degree and role of the Defendant’s involvement is also not less than that of the victim, and the damage has not yet been recovered, and the arguments and records of the instant case, such as the Defendant’s age, character, character, occupation, family relationship, economic situation, health condition, etc.

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