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(영문) 창원지방법원 2020.12.11 2020노1665
사기등
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

No. 1 of the seized evidence.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Since Defendant 1 was unaware of the fact-finding or misapprehension of the legal principle that his act was related to singishing crimes, there was no intention to commit fraud or attempted fraud. 2) The lower court’s sentence of unfair sentencing (one year and six months of imprisonment and confiscation) is too unreasonable.

B. In full view of the evidence submitted by the prosecutor by mistake of facts or misunderstanding of legal principles (not guilty part in the grounds) the Defendant shared the Defendant’s commission of the singishing crime, such as the collection of damages, with the intent to jointly process the singishing crime. Thus, the Defendant should be recognized as a joint principal offender of the crime of fraud and attempted fraud, but the lower court’s decision that recognized the Defendant only the crime of aiding and abetting the fraud and aiding and abetting the attempted fraud was erroneous in misunderstanding of facts or misapprehending of legal principles. 2) The lower court’

2. Judgment on the misconception of facts or misapprehension of legal principles by the defendant and prosecutor

A. On February 21, 2020, the following facts of the facts charged of the instant case were presented: (a) the employee called to an unspecified number of victims and called the staff of the public prosecutor’s office and the Financial Services Commission, and used it for the crime; and (b) let the victims withdraw cash; and (c) deceiving the Defendant to deliver the said cash; and (d) the Defendant received 3% of the money from the aforementioned employees of the said employees of the Defendant on February 21, 2020 after receiving a proposal from the said employees of the said employees of the Financial Services Commission, under the name of the said employees of the said victims under the direction of the said employees of the said employees, while misrepresenting the said victims, and making the said victims to visit the financial account tracking civil petition (No. 2019-type - 5334) under the name of the Financial Services Commission received from the said employees of the said employees of the Financial Services Commission.

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