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(영문) 서울중앙지방법원 2014.05.22 2014노170
사기등
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for one year.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. Prosecutor 1) The grounds for appeal against Defendant A (definite and misunderstanding of legal principles), each fraud, each violation of the Act on Registration of Credit Business, etc. and Protection of Finance Users (hereinafter “Credit Business Act”), and each violation of the Electronic Financial Transactions Act on June 21, 2012, Defendant A’s intent to jointly process and joint execution were recognized, but not guilty was erroneous in the misapprehension of legal principles, or in the misapprehension of legal principles, thereby adversely affecting the conclusion of the judgment. (2) The grounds for appeal against Defendant B, which the lower court rendered against Defendant B, is unreasonable, by misapprehending the legal principles.

B. The above punishment sentenced by the court below to Defendant B is too unreasonable.

2. An ex officio examination shall be conducted in the first instance trial for Defendant A, adding the name of the crime to fraud assistance, assistance in violation of the Act on Registration of Credit Business, Protection of Financial Users and Protection of Electronic Financial Transaction Users, and Article 32 of the Criminal Act to the applicable provisions of Acts, and Article 1-b of the indictment for which the court below rendered a verdict of innocence.

paragraphs 2, 2-b

Paragraph 2 and Paragraph 1 of the following criminal facts with regard to the [Attachment 1-95] Nos. 1 to 95 of the list of crimes, which is the primary charge (joint charge).

The judgment of the court below is no longer able to maintain since it applied for the amendment of indictment, which is the same as the facts charged in the port, and this court permitted it to do so and the judgment of the court below became the subject of the judgment.

However, the prosecutor's argument of mistake of facts and misapprehension of legal principles as to the main facts charged is still subject to the judgment of the court, and this is examined.

3. Determination of misconception of facts and misapprehension of legal principles against Defendant A by the public prosecutor

A. The summary of the facts charged (mainly charged) is as follows: (a) fraud; (b) fraud; (c) telephone (joint charge) violation of the Credit Business Act; and (d) lending through telephone counselors.

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