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(영문) 부산지방법원 2018.08.17 2017노4045
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. According to the evidence submitted by the prosecutor, such as the police officer, the prosecution interrogation protocol, the police interrogation protocol, and CCTV photographing photographs against the defendant, the judgment of the court below which acquitted the defendant as to the defendant, is erroneous in the misapprehension of legal principles, or in the misapprehension of legal principles, even though it is acknowledged that the defendant was a joint principal offender relationship between the defendant and the defendant.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

The prosecutor maintained the existing facts charged as the primary facts charged, and applied the "Article 347 (1) and Article 32 of the Criminal Act" to the name of the crime. The prosecutor applied the "Article 347 (1) and Article 32 of the Criminal Act" to the name of the crime, applied the application for the amendment of the indictment to add the facts charged as stated below to the facts charged, and the change of the object of the trial by this court.

As examined below, this Court found the Defendant guilty of the ancillary charges, so the judgment of the court below that only the primary charges are subject to the judgment can no longer be maintained.

However, despite the above reasons for reversal of authority, the prosecutor's mistake and misapprehension of legal principles as to the primary facts charged still are subject to the judgment of this court.

3. Determination of the Prosecutor’s misunderstanding of the facts and misapprehension of the legal doctrine

A. The primary facts charged are as follows: (a) the call center office is established by purchasing unspecified numbers of personal information from China; and (b) establishing facilities necessary for committing a crime, such as Internet telephone network, telephone number operating device, representative number connection device, etc.; (c) the general responsibility of operating and managing the organization overall; (d) telephone inducement leading victims to deceiving victims and transfer money to the large account; and (e) financial information, such as the victim’s account number and password.

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