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(영문) 춘천지방법원 2020.09.02 2020노340
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was not aware of the fact that he conspireded to commit a single type of crime, and that the instant act was involved in the crime of Bosing.

B. The lower court’s sentence of unreasonable sentencing (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. 1) A determination of the assertion of mistake of facts is that a co-principal under Article 30 of the relevant legal doctrine commits a crime jointly with two or more accomplices. In order to constitute a co-principal, a subjective element is required to commit a crime through functional control by a co-principal, who is an objective element, and a co-principal’s intent is to jointly engage in a specific criminal act, and the intention of co-processing is to move one’s own intent by using another person’s act. Such intent of co-processing is insufficient to recognize and refrain from committing a crime of another, but it is not sufficient to allow prior solicitation of the plan to commit a crime, and there is sufficient reason to believe that each co-offender is either an element of a crime or an act in essence related to the elements of a crime (see, e.g., Supreme Court Decision 2007Do6706, Sept. 11, 2008). In addition, if two or more co-offenders are jointly engaged in a specific criminal act, and if one or more co-offenders are jointly engaged in a specific criminal act, it is not jointly established.

Therefore, fraud.

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