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(영문) 대구지방법원 2018.02.02 2017노3738
사기등
Text

Defendant

All appeals filed by B and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the degree of participation in the crime of fraud of this case by mistake or misunderstanding of the facts, Defendant B did not correspond to a joint principal offender, and only aided and abetted the crime of fraud, and was involved in or aided and abetting the crime of fraud as a joint principal offender.

Defendant B participated in each of the crimes of this case on a different premise, although it cannot be seen as a principal offender.

The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

2) The sentence sentenced by the lower court to Defendant B (two years and six months of imprisonment) is too unreasonable.

B. According to the evidence submitted by the prosecutor, the prosecutor 1) found Defendant A guilty of this part of the facts charged on a different premise, even though it can be sufficiently recognized that Defendant A aided and aided the crime of fraud, the judgment of the court below which acquitted Defendant A of this part of the facts charged was erroneous

2) Improper sentencing (as to Defendant B), the sentence sentenced by the lower court to Defendant B (in 2 years and six months of imprisonment) is too unhued and unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the lower court as to Defendant B’s assertion of misunderstanding the facts or misapprehension of the legal doctrine, it can be sufficiently recognized that Defendant B participated in each of the crimes in this case as a principal offender.

Therefore, Defendant B’s mistake of facts or misapprehension of legal principles is without merit.

1) In relation to each of the instant crimes, Defendant B played a role in exchanging money deposited into the account through the recruitment of workers in China and the commission of each of the instant crimes into a bitco, which is related to the concealment of money at the preparation stage of each of the instant crimes or the concealment of criminal proceeds. This constitutes an important interest related to the flow of money in each of the instant crimes.

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