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(영문) 수원지방법원 2017.03.16 2016노8917
사기
Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In full view of the evidence submitted by the prosecutor (as to the Defendants), the fact that the Defendants were functionally controlled in relation to the crimes listed in the separate sheet Nos. 2 and 3, can be acknowledged.

Nevertheless, the lower court found the Defendant not guilty of this part of the facts charged, thereby adversely affecting the conclusion of the judgment due to misunderstanding of the legal doctrine as to the joint principal offender.

2) The punishment sentenced by the lower court to the Defendants (one year of imprisonment with prison labor) is too unhued and unreasonable.

B. The above punishment, which the court below decided against the Defendants, is too unreasonable.

2. Determination on the Prosecutor’s misunderstanding of the facts or misapprehension of the legal doctrine

A. The summary of this part of the facts charged (the part concerning the charge) was obtained by deceiving 54,430,267 won through two times, such as the list Nos. 2 and 3 of the crime list, in collusion with the name-free boxes, etc.

B. The lower court determined that the Defendants, in itself, did not directly share part of the elements to constitute the crime set forth in the annexed Table 2 and 3, and the evidence submitted by the prosecutor alone, led the Defendants to functional control over the above crime by way of an essential contribution.

The lower court acquitted the Defendant of this part of the facts charged on the ground that it is insufficient to conclude it, and there is no other evidence to acknowledge it.

(c)

1) A joint principal offender under Article 30 of the Criminal Act is established by meeting the subjective and objective requirements, which are the implementation of a crime through functional control based on the intention of joint processing and the intention of joint processing. However, even if a person does not directly share and implement the constituent act, he/she may be held liable for the crime as a joint principal offender, but for this purpose, he/she shall be held in the entire crime.

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