(영문) 의정부지방법원 2016.06.09 2016노326

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(영문) 의정부지방법원 2016.06.09 2016노326

전기통신금융사기피해방지및피해금환급에관한특별법위반등

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1. A. Of the judgment of the court of first instance, each of the parts against Defendant BK, BI, BG, and BD and the guilty part against Defendant BY, and 1,2.

Reasons

1. Summary of grounds for appeal;

A. The Defendants’ punishment (i) and (ii) imprisonment with prison labor for a term of ten months, a short term of eight months (No. 1), and Defendant BI: imprisonment with prison labor for a term of eight months, a short term of eight months (No. 1), and two years (No. 1), a defendant B: imprisonment with prison labor for two years (No. 1), a term of three years (No. 2), a term of imprisonment for three years (No. 1), a term of three years (No. 1), a term of three years (No. 1), a term of three years (No. 1), a term of three years (No. 1), a term of imprisonment for Defendant BS: a term of four years (No. 1), a term of two years (No. 3 years), a term of imprisonment for a term of three years (No. 2), a term of imprisonment for a term of two years (No. 2 years), a term of imprisonment for a term of one year and six years (No. 2 years), a term of imprisonment with prison labor for a term of two years (No. 10 years).

B. Prosecutor 1) misunderstanding of facts and misapprehension of legal principles (defendant BY, C, and D), Defendant BY, C, and D took part in the crime of telecommunications financing fraud as a liability for soliciting head of Tong. As long as the above Defendants conspired in a successive or secret manner and participated in the crime, and did not deviate from special conspiracy, they are liable as a joint principal offender for all crimes, respectively.

Therefore, there is an error of misunderstanding of facts and misunderstanding of legal principles in each part of the Decision Nos. 1 and 2 which acquitted the above defendants on the grounds that the above defendants cannot be recognized that they participated in a part of the crime as a principal offender.

2) The punishment sentenced by each court below to the Defendants (excluding Defendant B) as set forth in the above A is too unfasible and unfair, as in the above paragraph (a).

2. Determination

A. An ex officio judgment 1) Consolidated Hearing (Defendant B, A, and C) is rendered to the Defendants, respectively, and the judgment of the court below is rendered to the Defendants B, A, and C. The part on each of the judgment of the court below and the prosecutor against the Defendants B, A, and C.

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