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(영문) 인천지방법원 2014.09.19 2014노1975
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not have any intention to mislead the facts with accomplices or to acquire money.

B. The lower court’s sentence (2 million won of fine) is too unlimited and unfair.

2. Determination:

A. As to the Defendants’ assertion of mistake of facts, there is a combination of two or more co-offenders who jointly process BE real estate for a crime, not a legally fixed type, but a combination of intent to realize the crime. Although there was no process of the whole conspiracy, if the combination of intention was formed in order or implicitly through several persons, the conspiracy is established, and even if there was no direct participation in the implementation, even if there was a person who did not directly participate in the implementation, it is held liable for the other co-principal’s act as a co-principal (see, e.g., Supreme Court Decision 200Do3483, Nov. 10, 200). 2) The lower court’s following circumstances revealed by the evidence duly adopted and investigated by the evidence, namely, (i) the one who operated BE real estate was to prepare real estate lease agreements from I and H, and (ii) the one who prepared and executed BE-M apartment with the Defendant at the time of the lease agreement or lease agreement with the Defendant 1, 3000 W-M, 4, respectively.

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