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(영문) 서울중앙지방법원 2018.05.31 2018노805
사기방조
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of reasons for appeal - Fact misunderstanding and improper sentencing

A. The Defendant, at C’s request, withdrawn and delivered money several times, and the Defendant thought that the money was to be used in a casino, and was not aware of the fact that it was money acquired through a crime of Bophishing.

Nevertheless, the defendant aiding and abetting the phishing crime, such as C, etc.

In light of the above, the court below erred by misapprehending the legal principles.

B. Even if the sentencing is found guilty against the defendant, the sentence of the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, Article 1 of the Act provides that a principal offender is guilty of committing a crime with the knowledge that the principal offender is committing the crime, and therefore, the principal offender is guilty of aiding and abetting the principal offender to commit the crime and that the principal offender’s act constitutes the elements of the organization (see Supreme Court Decision 2003Do382, Apr. 8, 2003, etc.). 2) According to the evidence duly adopted and investigated by the court below, the Defendant was aware of the fact that C, etc.’s act constitutes “Sphishing,” and that his act is aiding and abetting C, etc. to commit the crime.

It is reasonable to view it.

3) In particular, the Defendant has long been aware of C for a long time, and even at the time of committing the instant crime, the Defendant had been informed of C for a long time while using the same room. ② The Defendant and C, etc. exchanged large amount of money in casino with chips, and again deemed that C or the Defendant had repeated an exchange of money in cash in the game table, and thus, C or the Defendant’s entry into casino seems to have been for the purpose of washing money so-called illegal acquisition rather than for the game, ③ the Defendant immediately deleted the letters exchanged with C, etc.

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