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(영문) 서울중앙지방법원 2019.05.23 2018노3690
유사수신행위의규제에관한법률위반
Text

Defendant

All appeals filed by B, C, D, and Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant B and C1) The above Defendants did not engage in the act of fund-raising without delay in collusion with Defendant A (deficiencies or misunderstanding of legal principles). 2) The sentence sentenced by the lower court against the above Defendants (Defendant B: imprisonment with prison labor for six months, two years of suspended execution, the community service order for community service, and KRW 80 hours, and KRW 7 million in case of Defendant C) is too unreasonable.

(F) 2.2

Defendant

D1) The above Defendant did not engage in the act of fund-raising without delay in collusion with Defendant A, etc. (the fact-finding or misunderstanding of legal principles) (2) The above Defendant did not have an intention to receive without delay.

(C) According to the evidence submitted by the prosecutor, the court below's decision that the defendant CD was involved in the act of receiving the victim EF of the defendant AB's imprisonment (two years of suspension of execution and eight hours of social service order in June) and the above punishment sentenced by the court below against the defendant A is too unfasible and unfair (the defendant's imprisonment of two million won of suspension of execution and 80 hours of social service order) (the above punishment sentenced by the court below against the defendant B, C, and D is too unfasible and unfair (the defendant's two years of suspension of execution and 80 hours of social service order in June) (the defendant's two years of suspension of execution and 80 hours of social service order).

A. In relation to accomplices who jointly commit a crime by at least 12 persons of the relevant legal principles, the conspiracy does not require any legal penalty, but is only a combination of intent to jointly realize a crime by at least two persons.

Although there is no master process of the whole, there is a conspiracy of doctors in order or impliedly between many persons.

If such solicitation is recognized, a person who is not directly involved in the act of execution shall be held criminal liability as a joint principal offender for the act of another accomplice.

It is necessary to provide strict proof to recognize such a conspiracy, but the defendant's intention is also the subjective element of the crime.

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