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(영문) 광주고등법원 2017.06.22 2017노133
사기등
Text

The judgment below

Of them, the part against Defendant C shall be reversed.

Defendant

Punishment for C shall be determined by imprisonment with prison labor for a period of two years and six months.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s assertion of mistake of facts by Defendant A merely provided convenience necessary for Defendant A to live in the Thailand upon I’s request, and did not join the criminal organization and did not conspired with I to commit the crime of fraud of this case and acquisition of criminal proceeds.

B. Defendant C’s assertion of misapprehension of the legal principles on the collection of additional charges by the prosecutor is an organization of a criminal organization for telecommunications fraud (the so-called “singing crime”; hereinafter “singing crime”), and money received under the pretext of salary, etc. is subject to additional collection pursuant to Articles 8(1) and 10(1) of the Act on the Regulation and Punishment of Concealment of Criminal Proceeds (hereinafter “the Act on the Regulation of Concealment of Criminal Proceeds”).

Despite such fact, the lower court did not additionally collect the amount equivalent to the pertinent criminal proceeds from Defendant C by misapprehending the legal doctrine on additional collection.

(c)

Defendant

Defendant A, C, and C alleged that the lower court’s punishment is too unreasonable because they were too unreasonable, and the prosecutor asserts that the lower court’s punishment against all Defendants is too unfasible and unfair.

2. The judgment of the court below on the Defendant’s assertion of misunderstanding of facts by Defendant A also made the same assertion, and the court below determined as to Defendant A’s assertion.

2. The Defendant’s assertion was rejected on the grounds of the detailed circumstances, etc. contained in the “judgment” item.

The judgment below

Examining the reasoning of the court below in comparison with the evidence duly admitted and examined, the judgment of the court below is just and there is a violation of law by mistake of facts alleged by the defendant.

subsection (b) of this section.

This part of the Defendant’s assertion is rejected.

3. Determination as to the misapprehension of the legal doctrine of the prosecutor related to collection

A. According to Article 2 subparag. 1 and [Attachment] subparag. 1-A, 2-A, 8(1), and 10(1) of the Act on Regulation of Concealment of Criminal Proceeds, according to Articles 2 subparag. 1 and 2 subparag. 2-A, 8(1), and 10(1) of the Criminal Act.

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