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(영문) 수원지방법원 2020.08.27 2020노2915
사기미수
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Summary of Grounds for Appeal

A. In light of the background leading up to the Defendant’s crime of this case, it cannot be deemed that the Defendant had functional control by a co-processing doctor, and the Defendant’s act is merely aiding and abetting the principal offender’s act.

Nevertheless, the lower court determined that the Defendant constituted a joint principal offense committed by attempted fraud. In so doing, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Judgment on misconception of facts and misapprehension of legal principles

A. In the lower court’s determination, the Defendant alleged that at the time of the instant case, the Defendant did not have conspired with the Defendant with the employees of the Defendant, and that the Defendant did not have any intent to commit a crime. Accordingly, the lower court rejected the Defendant’s assertion on the grounds that, in full view of the following circumstances, the Defendant could sufficiently recognize that the Defendant’s act was the process of committing telephone financial fraud, even though he could sufficiently be aware of the fact that the Defendant’s act was the process of committing the crime of telephone financial fraud, the lower court, even though he did not explicitly gather all of the fraudulent act with the employees of the Defendant, on the ground that it could be sufficiently recognized that the Defendant took part in the crime of the Defendant’s act of the Defendant’s act of the Defendant’s act was in the process of committing the crime of telephone financial fraud, i.e., under the trade name of the employees of the Defendant and the employees of

1. The so-called Bosing crimes, like the instant case, are transferred by the victims, by means of a general policy that plans and instructs the overall crimes, by inducing the victims to deception, by means of a passbook, cash card, etc.

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