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(영문) 서울북부지방법원 2017.03.24 2016노2518
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) misunderstanding of the facts or misunderstanding of the legal principles, the Defendant, who was her husband, opened an office in the Philippines and became aware of the fact that he had engaged in a private sports soil-related business.

The Defendant, while living in a separate room, brought a point to H’s office and received a telephone substitute and delivered the H’s instructions, and there is no conspiracy or participation in a series of telephone financing fraud crimes as stated in the crime committed in the judgment of the court below (hereinafter referred to as “ Bosing”) as stated in paragraphs (1) and (2) of the crime list of crimes attached to the crime committed in the judgment below.

Nevertheless, the lower court erred by misapprehending the legal doctrine regarding joint principal offenders and by misunderstanding the fact that the Defendant conspiredd to and conspired to commit the crime of H, thereby convicted the Defendant.

(2) The sentence sentenced by the lower court is too unreasonable.

B. In light of the following: (a) part of the amount of damage as stated in (1) 28-43 times in the list of crimes attached to the judgment of the court below which the court below found guilty: (a) part of the amount of damage as stated in (1) 15 in the list of crimes attached to the judgment of the court below is transferred to the account in the name of the CO by Bosing co-offender L; (b) other part of the facts charged which is found guilty and the method of committing the crime is similar to the other part which is found guilty, the part which was deposited into the account in the name of the CO [the part which is described in (1) 28-43 times in the list of crimes] of crimes attached to the judgment of the court below can be sufficiently recognized that

Nevertheless, the lower court erred by misapprehending the facts and thereby acquitted the Defendant on this part.

(B) In light of the fact that the part indicated in (1) 50 of the list of crimes attached to the judgment of the court below as to which the court below found the defendant guilty, the part indicated in (1) 50 of the list of crimes attached to the judgment of the court below as to the date and time of each of the remaining crimes and the part indicated in (1) 50 of the list of crimes attached to the crime, which was found not guilty, overlap at the time, and the other crimes are similar to the other crimes, the part indicated in (1) 50

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