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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court against the Defendant (six months of imprisonment) is too unreasonable.
B. Prosecutor 1) The lower court acquitted Defendant of this part of the facts charged, on the ground that the lower court erred by misapprehending the legal doctrine, on the ground that, at the time of misunderstanding of facts and misapprehension of the legal doctrine, the Defendant did not recognize the fact that he was involved in the instant Bosing Fraud, when he saw that he was involved in the instant Bosing Fraud in the account in his name or the business operator registration.
2) The lower court’s sentence against an unfair defendant in sentencing is too unhued and unreasonable.
2. Determination
A. On May 31, 2017, the Defendant: (a) heard the phrase that “the upper line is used on the upper line; and (b) made the business registration; and (c) made the business registration under the name of the Defendant with the name of “F” at the Jcheon Cheongcheon District Tax Office, as well as D.
A person whose name is unknown (one name G) pretended to be an employee of the said “F” around June 7, 2017, and makes a false statement to the effect that “to sell Aluminium in return for payment of money” by phoneing the victim H. It received KRW 7,2160,00 from the victim to the said Agricultural Cooperative Account under the name of the Defendant on June 8, 2017.
As a result, the Defendant, in collusion with the staff of Washington who could not know the name of the Defendant, received KRW 7,216,00 from the Defendant by deceiving the victim.
2) The judgment of the court below is that the joint principal offender under Article 30 of the relevant legal principles jointly commits a crime. The joint principal offender under Article 30 of the Criminal Act is one of two or more persons. In order for a joint principal offender to be established, it is necessary to have committed a crime through functional control based on a joint doctor as a subjective element and objective requirement, and the joint principal offender is one of the two others’ acts to commit a specific criminal act with a common intent.