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(영문) 대전지방법원 2021.02.03 2020노4074
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor, the court below found the defendant not guilty of this part of the facts charged on a different premise, although the defendant's conspiracy and functional control over the second crime of fraud listed in the attached Table 2 of the judgment below, which was not directly remitted by the defendant, was recognized. The court below erred by misapprehending the legal principles as to the joint principal offender, or by misunderstanding facts against logical and empirical rules as evidence judgment, which affected the conclusion of the judgment.

B. The lower court’s punishment (one year of imprisonment) is too uneased and unreasonable in light of the gravity of the instant crime and the degree of the Defendant’s involvement, etc., which were accepted by the misunderstanding of the facts or misapprehension of the legal doctrine by the improper prosecutor’s assertion of sentencing, or, even without such, considered

2. Judgment on the misapprehension of the legal principle or mistake of facts

A. According to the evidence duly adopted and examined, the court below found the defendant guilty of this part of the facts charged on the ground that the victim E wired money to the account in the name of i company bank account (J) and K bank account (L) as shown in the attached Table 2 of the crime list in the judgment below, and that the defendant purchased a bit coin with the money transferred from the damaged person to the account in the name of the defendant as shown in the attached Table 1 of the crime list in the judgment below, although it was found that the defendant purchased a bitcoin from the damaged person as stated in the attached Table 1 of the judgment below, the above facts alone are insufficient to recognize that the defendant conspired to commit the crime of acquiring each remitted money as shown in the attached Table 2 of the crime in the judgment below or that he participated in the above crime, and there is no other evidence to acknowledge the conspiracy relation between the defendant and the non-name assistant.

B. Even if the above judgment of the court below is examined closely in light of the records, including the grounds for appeal on this part, the court below found the prosecutor not guilty of this part of the facts charged.

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