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(영문) 대전지방법원 2021.01.14 2020노3226
사기
Text

All appeals by the prosecutor and the defendant are dismissed.

Reasons

1. Summary of grounds for appeal;

A. A. According to the prosecutor’s 1) Violation of law or the evidence of this case, although the defendant, while recognizing that he was guilty of the phishing crime, he was engaged in the crime in a successive or secret manner, he did not err in the misapprehension of law or mistake of facts.

2) The sentence of the lower court that is unfair in sentencing (eight months of imprisonment) is too unhued and unfair.

B. The lower court’s sentence is too too unreasonable.

2. Determination

A. As to the prosecutor’s assertion of violation of law or mistake of facts, the lower court, as indicated in its reasoning, deems the circumstances in its reasoning in light of the legal doctrine as to the joint principal offender, based on the evidence submitted by the prosecutor, where the Defendant conspiredd with the Defendant to commit the crime with the Defendant, as indicated in the instant facts charged, or was functionally controlled.

For reasons of insufficient recognition, ex officio without changing the indictment, guilty of the crime of aiding and abetting fraud, which is recognized as identical to the facts charged in the instant case, and not guilty of the reasons for fraud.

Comprehensively taking account of the circumstances in the lower court’s reasoning admitted by the evidence of this case, the circumstances alleged by the prosecutor on the grounds of appeal and the evidence submitted by the prosecutor alone, which led to the Defendant to commit the instant crime beyond aiding and abetting the instant fraud, or

There is insufficient evidence to acknowledge it, and there is no other evidence to acknowledge it.

Therefore, the above judgment of the court below is just and acceptable, and there is an error of law that affected the conclusion of the judgment by violating the law or misunderstanding facts as pointed out by the prosecutor.

The prosecutor's assertion on this part is without merit.

B. As to the wrongful assertion of sentencing by both parties, the lower court, as stated in the reasons for the sentencing, shall have a favorable and unfavorable condition to the Defendant.

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