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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울남부지방법원 2017.03.23 2016노2176
사기미수등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant alleged a misunderstanding of facts did not conspired with the members of the telephone finance fraud group to commit a crime, and did not have any intent to commit a crime.

B. Even if the charges of this case were to be found guilty, in light of the following: (a) the Defendant committed the instant crime while engaging in job-seeking activities in order to prepare living expenses; (b) there are circumstances to take into account the circumstances; (c) the Defendant has been living in good faith without reoffending; (d) the Defendant appears to have been forced to leave the Defendant in the future due to the instant case; and (e) the Defendant has no record of criminal punishment, the sentence (long to a maximum of one year and a short of eight months) sentenced by the lower court is too unreasonable.

2. Judgment on the defendant's assertion

A. In the case of accomplices who are jointly processed by two or more persons on the assertion of misunderstanding of facts, the conspiracy does not require any legal penalty, but is only a combination of two or more persons to jointly process a certain crime and realize such crime. As such, there was no process of the whole conspiracy.

In light of the above legal principles, the Defendant conspiredd all the facts charged in the instant case at the lower court, as well as the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, in full view of the following circumstances, the Defendant conspired to commit the instant telephone finance fraud by committing a crime with a criminal intent to obtain fraud at least, in order or impliedly, with the staff of the instant telephone finance group (hereinafter “the staff of the fraud group”).

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