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(영문) 서울북부지방법원 2016.10.14 2016노1246
사기
Text

All appeals by the Defendants are dismissed.

The judgment below

The last day of the application of the law of reason is 1. concurrent crimes.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendants A, B, and D is too unreasonable.

B. Although Defendant C (1) misunderstanding of facts only made a loan of a passbook and did not have any awareness that the passbook was used for the crime of Bosing a passbook, the lower court erred by misapprehending the facts, thereby finding the Defendant C guilty of participating in the crime of Bosing a Bosing.

(2) The sentence imposed by the lower court on Defendant C is too unreasonable.

2. Determination:

A. Comprehensively taking account of the evidence duly admitted by the court below after examining the facts regarding Defendant C’s assertion of mistake of facts, Defendant C opened a passbook and notified the account number to Defendant A, etc., and then withdrawn the money directly from the victim to Defendant C and delivered it to Defendant A.

In light of this, the defendant C seems to have been aware that at least his passbook was used for the singishing crime, and that he also participated in it.

Defendant

C's assertion of mistake of facts is not accepted.

B. Defendant A submitted materials that Defendant A actively cooperatedd in the investigation of accomplices regarding the Defendants’ assertion of unfair sentencing. Changes in circumstances in which Defendant B deposited KRW 10 million for the victim P are made.

However, the crime committed by the Defendants is a so-called voiceing crime, and social harm is serious as a typically organized crime, and it is difficult to eradicate the crime because it is difficult to detect participants, and if the participants are discovered, the responsibility should be strictly asked to prevent another crime.

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