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(영문) 수원지방법원 2015.12.29 2015노5279
폭력행위등처벌에관한법률위반(공동공갈)방조등
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for ten months.

Seized evidence 2 through 35, 39, 51 through 62, .

Reasons

1. Summary of grounds for appeal;

A. Regarding the part concerning public assistance, fraud assistance, computer, etc. in the judgment of the court below, the defendants sent L/M money to China by the so-called exchange crime, but the above money was unaware of whether it was a profit from a crime such as the above public assistance, etc., and the crime of aiding and abetting, etc. is not established merely because the above money was wired money after the principal offender's commission of the crime was completed.

B. The sentence imposed by the court below (Defendant A: imprisonment of one year and four months, confiscation, Defendant B: imprisonment of one year and one year, confiscation) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. G residing in China [criminal facts of a principal offender] The summary of the charge on the part of the public conflict aid, fraud aid, computer, etc. / [the charge of a principal offender] G, H operated an office in China to avoid tracking the investigation agency of the Republic of Korea, and H received money from an unspecified number of victims by doing so or making a false statement by using so-called physical camping, scaming, supporting bridge, misrepresentation, scaming, fraud, lending fraud, lending fraud, etc., and I, J, and K sent money to the victims by using the above Chinese co-offenders and smartphones, and then withdrawn money from the victims by collecting the so-called large-called Scam passbook and cash card from the victims, and the remittance books such as L and M will take charge of collecting money from the victims of the above Chinese residents and smartphones through communication with the victims of the above Chinese residents.

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