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(영문) 서울서부지방법원 2021.02.18 2020노1267
사기
Text

All the judgment of the court below (excluding the part of the compensation order) shall be reversed.

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

1.2.2

Reasons

1. Summary of grounds for appeal;

A. The Defendant (misunderstanding of facts) first performed the delivery business of legal documents for about two weeks, and thus, the cash collection business was merely known as a normal credit collection business, and was not aware of the fact that it was related to the Bosing crime. As such, the Defendant did not conspired to commit Bosing crimes, such as the facts charged, and did not intend to commit fraud.

Therefore, the judgment of the court below that found the defendant guilty is erroneous in the misconception of facts.

B. The sentence sentenced to the first instance judgment (unfair sentencing) by the prosecutor (one year and ten months in prison) is too uneasy and unfair.

2. As the judgment of the court below against the defendant in the judgment of the court of first instance, both the defendant and the prosecutor filed an appeal against the judgment of the court of second instance, and the defendant filed an appeal against the judgment of the court of second instance, and the court of second instance decided to jointly examine the appeal case. Each of the offenses in the judgment of the court of second instance is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and each offense in the judgment of the court of second instance must be sentenced to one punishment within the scope of the term of punishment aggravated for concurrent offenses in accordance with Article

However, even if there are the above reasons for reversal of authority, the defendant's assertion of mistake is still subject to the judgment of this court, and this is examined below.

3. Judgment on the Defendant’s assertion of mistake of facts

A. In the relation of co-offenders who are jointly engaged in a crime by more than two relevant legal principles, the conspiracy does not require any legal penalty, but is only a combination of two or more persons to jointly process a crime and realize such crime.

Although there was no whole mother process, there was no whole mother process.

Even if there are two or more persons, if the combination of doctors is made in order or impliedly, a public contest relationship is established, and if there is no direct participation in the execution, even if there is no direct participation in the execution.

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