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(영문) 춘천지방법원 강릉지원 2018.08.16 2018노204
사기방조등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (misunderstanding of facts and improper sentencing) considered that the money that the Defendant received and remitted was money for gambling on the Internet. Since the Defendant did not know that it was the amount that was the amount of damage to the criminal act of licensing, aiding and abetting the fraud or attempted to commit the crime is not established.

Considering this point, the sentence of the court below (one year and six months of imprisonment) is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

2. In determining the assertion of fact, an act of assistance under the Criminal Act refers to direct and indirect acts that facilitate the commission of a principal offender while knowing the fact that the principal offender is committing the crime. Thus, an aiding and abetting offender is required to have the principal offender’s intent to assist the principal offender in committing the crime and that the principal offender’s act constitutes an act that meets the requirements for the formation of the principal offender. However, inasmuch as such intent is in fact, if the criminal defendant denies it, it is bound to prove indirect facts that have considerable relevance with the intent given the nature of the object, and there is no other method than reasonably determining the link of fact by using the detailed observation or analysis power based on normal experience. In addition, the principal offender’s intent does not require the specific contents of a crime realized by the principal offender, and it is sufficient to have dolusence or predictability (see, e.g., Supreme Court Decision 2003Do6056, Apr. 29, 2005).

Although we knew that it is wrong behavior and thought that the gender can be arrested, we continue to look at it.

. Any;

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