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(영문) 의정부지방법원 2020.04.23 2020노322
사기방조등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant was aware of the fact that the money collected and remitted by the Defendant was a fund in the name of money exchange for gambling abroad, and did not know that it was the money acquired through scam. Nevertheless, the lower court found the Defendant guilty of the facts charged in this case. In so doing, the lower court erred by misunderstanding of facts. 2) The lower court’s sentence of unfair sentencing (one year and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant and prosecutor.

Although the prosecutor indicted the criminal facts against the victim K using the name of the crime as "a false aiding and abetting the attempted crime" and the applicable provisions of law as "Articles 352, 347 (1) and 32 of the Criminal Act", the court below erred by applying the relevant provisions to "a criminal facts attempted" and "Articles 352 and 347 (1) of the Criminal Act" as "Articles 352 and 347 (1) of the Criminal Act" as the subject of adjudication, and thus, it is erroneous in the judgment which affected the conclusion of the judgment.

In this respect, the judgment of the court below is no longer maintained.

However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, which will be examined below.

B. The Defendant alleged the same purport as the grounds for appeal in the lower court’s determination on the Defendant’s assertion of mistake of facts, and the lower court found the Defendant guilty of the instant facts charged that the Defendant aided and abetted the Defendant by facilitating the Defendant’s commission of scaming fraud or attempted fraud.

In light of the record, the evidence duly adopted and examined by the court below was clearly erroneous in the judgment of the court below.

(b).

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