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(영문) 서울고등법원 2019.03.26 2018노859
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All of the first and second original judgments shall be reversed.

A defendant shall be punished by imprisonment for one year.

The facts charged of this case.

Reasons

1. Summary of grounds for appeal;

A. The first instance judgment: Defendant 1 did not err by misapprehending the legal principles or misapprehending the legal principles on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), fraud by using computers, etc., forgery of private documents, uttering of the above investigation document, and violation of the Resident Registration Act; from February 2, 2011 to June 201, the Defendant did not sell copies of personal information database and identification card to B; and even though B conspired with E, etc. to open a cell phone using personal information database and identification card copies. Even if such fact is acknowledged, it is not recognized that there was a public recruitment relationship between the mobile phone part subscribed to with the copy of personal information database and identification card which appears to have been provided by others. In particular, the Defendant’s statement made through a suspect examination or written statement that corresponds to this part of the facts charged does not coincide with E’s statement about the time of receiving a copy of identification card from E; the Defendant did not err by misapprehending the legal principles on the 12-year imprisonment with prison labor and Q.

B. Second judgment: Defendant and Prosecutor’s appeal 1) mistake of facts or misapprehension of legal principles; (1) Helping and aiding and abetting a violation of the Special Act on the Prevention of Damage from Telecommunications-based Financial Fraud and Refund of Damages (A) are erroneous in the facts charged.

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