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TITLE Seoul Northern District Court 2023Noh357 Decided July 13, 2023: Appeal ¡¼Fraud, Counterfeit of Private Documents, Uttering of Counterfeited Private Documents, Violation of the Resident Registration Act, and Violation of Act on the Regulation and Punishment, etc. of Criminal Proceeds Concealment¡½ [full Text]
Summary
¡¼Main Issues and Holdings¡½ In the case where: the defendant (hereinafter the ¡°Defendant¡±) was indicted on charges of fraud, etc. on the ground that the Defendant conspired consecutively with unnamed voice phishing operators to commit the crime of telephone fraud, such as agreeing to be a cash collector as suggested by an unnamed voice phishing operator, it was held that the Defendant was guilty of all charges, on the ground that it is reasonable to deem that the Defendant committed the crime through the act of functional dominance, based on the intention of conducting inchoate offenses by acting, recklessly or not, as a cash collector with the risk of the crime of voice phishing fraud.
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