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(영문) 서울중앙지방법원 2016.07.15 2016노1057
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

Seized evidence 1 to 8 shall be confiscated.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant, as to the fraud, did not intend to jointly process the so-called “singing crime” (hereinafter “singing crime”), was merely a simple participation in delivering cards to Kwikset Service Company’s delivery books, and did not have any substantial benefit therefrom.

The defendant's act is merely to the extent that it is easy to commit the crime of Bosing criminal organization, and it can be assessed as a aiding and abetting crime not a principal offender.

Nevertheless, the first instance court punished the defendant as a joint principal offender in the crime of fraud, and the first instance judgment is erroneous in matters of law by misunderstanding facts or by misunderstanding legal principles as to joint principal offenders, which affected the conclusion of the judgment.

2) The punishment for one deliberation (five years of imprisonment) unfair sentencing (five years of imprisonment) is too unreasonable.

(b)one review type for an inspection is too unhued and unreasonable;

2. Determination:

A. The Defendant, in the first instance trial, rejected the Defendant’s assertion in detail by stating in detail the Defendant’s argument and the judgment on the issue of whether the joint principal offender in fraud was established, under the title of “determination on aiding and abetting in the instant appeal” in the judgment.

In full view of the evidence duly adopted and examined by the first instance court, the circumstances presented by the first instance court are all acknowledged. In addition to the following circumstances that can be recognized by the above evidence, the Defendant’s mere aiding and abetting that facilitates the morale of the criminal organization of the criminal organization of the criminal organization of the criminal organization of the criminal organization of the criminal act of the criminal act of the defendant, rather than aiding and abetting that facilitates the criminal act of the criminal organization of the criminal organization of the defendant, and the Defendant’s act of delivering the passbook or cash withdrawal card, etc. to Kwikset service company operated by the Defendant. The entire organization of the criminal organization of the criminal act of the criminal organization of the criminal act of the defendant.

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