여신전문금융업법위반등
The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B A person shall be punished by imprisonment for not more than ten months.
except that this judgment.
1. Summary of grounds for appeal;
A. Defendants 1) Defendant A was aware of the fact that Defendant F would simply engage in a simple card-based financial business violation. Defendant A did not know that F did not engage in a credit card transaction by using another person’s credit card information discovered by improper means, and did not conspired to commit such crime.
B) Defendant B deposited and withdrawn money with the request of Defendant A to raise the company’s non-funded funds, and sent it to another person.
In addition, it was not known that the said money was formed by illegal credit card transactions, and there was no conspiracy to use other person's credit card information detected by illegal means, and that the said money was money formed by illegal credit card transactions.
2) Defendants related to the violation of the Electronic Financial Transactions Act were unaware of the fact that they are making a transaction by using other person’s credit card information detected by unlawful means, and thus, they did not receive G’s passbook, password, and deposit and withdrawal slips for the purpose of using them for such crime, and even if so, do so.
Even if it is used as a means of crime among accomplices, it can not be viewed that the head of Tong, etc. was leased from G.
B. Defendants and the prosecutor asserts that the sentence of the lower court is too unafford and unfair, and the prosecutor asserts that the sentence of the lower court is too unafford and unfair.
2. Judgment on the assertion of mistake of facts
A. In full view of the following circumstances acknowledged by the lower court based on the evidence duly admitted and investigated by Defendant A’s assertion related to the violation of the Act on Specialized Credit Financial Business, Defendant A will engage in a credit card transaction using other person’s credit card information detected by improper means.