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(영문) 울산지방법원 2021.03.19 2020노1509
사기방조
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the period of three years from the date this judgment became final and conclusive.

Reasons

misunderstanding the substance of the grounds for appeal and misunderstanding the legal principles, the Defendant could not at all be aware that his act was to facilitate the fraud of the staff members of Bosing. Therefore, the Defendant did not have any intention to aid and abetting fraud.

The sentence of the court below (one year and six months of imprisonment) against the illegal defendant in sentencing is too unreasonable.

Judgment

In the criminal law on the assertion of mistake and misunderstanding of legal principles, the act of aiding and abetting in the criminal law refers to all direct and indirect acts that facilitate the principal offender's act of committing a crime, knowing that the principal offender committed a crime.

In addition, the intent of aiding and abetting the commission of a principal and that the act of aiding and abetting the commission of a principal is an act that meets the requirements for the commission of a principal. However, the intent of a principal in aiding and abetting a principal does not require to be aware of the details of the crime realized by the principal offender, but it is sufficient to dolusent perception or prediction (see Supreme Court Decision 2016Do7886, Nov. 10, 2016, etc.). In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the Defendant can be sufficiently recognized that the Defendant had been aware of the fact that his act would facilitate the commission of the crime of smoking at least, so the above assertion by the principal is without merit.

① As the Defendant instructed “AL director” in this telegram, the Defendant’s request was made by anyone (AM director, N director, AO representative, AP director, etc.), without making any customer’s personal information known to him/her at a place known to him/her.

After personnel and receipt of money from customers, the bank account number (the deposit account number: A Q, AR, and AS) received from "AL department" in the ATM instrument and the mobile phone number that does not exist by using several resident registration numbers and deposits with no passbook amounting to one million won per time.

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