The crime of aiding and abetting fraud refers to the crime of aiding and abetting fraud without proof of fraud or attempted fraud of the principal offender.

The crime of aiding and abetting fraud refers to the crime of aiding and abetting fraud without proof of the principal offender's fraud or attempted fraud.

Article 32 of the Criminal Act, Article 325 of the Criminal Procedure Act

Defendant

Prosecutor

Busan High Court Decision 69No1802 delivered on November 5, 1969

The appeal shall be dismissed.

The Prosecutor's Grounds for Appeal of Busan District Prosecutors shall be examined.

The judgment of the court below is justified in holding that the crime of aiding and abetting fraud is not established unless there is no evidence that the crime of aiding and abetting another person has been committed in the absence of the commencement of the principal act of the crime of aiding and abetting by manufacturing fake cosmetics in conspiracy with the defendant's fraud. The original crime of aiding and abetting and abetting another person's crime. Therefore, since the crime of aiding and abetting fraud is established in this case because the crime of aiding and abetting the principal offender's crime is subordinate to the crime of the principal offender, there is no proof of the crime of aiding and abetting fraud, the above judgment of the court below is just and contrary to the theoretical premise that the crime of aiding and abetting the original judgment is independent form.

Therefore, it is so decided as per Disposition by the assent of all judges involved in Article 390 of the Criminal Procedure Act.

[Judgment of the Supreme Court (Presiding Judge) Nabri-dong and Dobri-Jaking Hanwon