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(영문) 서울중앙지방법원 2014.11.20 2014노2894

여신전문금융업법위반등

Text

The judgment below

Of the above, the part on Defendant B, Defendant C, Defendant D, and Defendant E shall be reversed.

Defendant

B, Defendant .

Reasons

1. Summary of grounds for appeal;

A. Defendant B (in fact-finding, unreasonable sentencing) offered a forged credit card, but Defendant B conspired to use the forged credit card only in a foreign country, and Defendant C and E used the forged credit card domestically. Defendant B did not agree to use the forged credit card in the Republic of Korea and could not have predicted it. Thus, Defendant B did not support the crime of violation of each of the Specialized Credit Finance Business Act due to a domestic crime committed by the forged credit card in the Republic of Korea, fraud, and attempted fraud as an accomplice. 2) The sentence of two years and six months sentenced by the court below to Defendant B is too unreasonable.

B. Defendant A, C, D, or E (Type Unfair) imprisonment with prison labor for three years and six months, and two years and six months and six months, and imprisonment with prison labor for Defendant D, three years and six months and six months, and two years and more, and imprisonment with prison labor for Defendant E, are too unreasonable.

2. Judgment on Defendant B’s assertion of mistake of facts

A. In light of the fact that the possibility of occurrence of the applicable legal doctrine is uncertain, the crime can be established even with dolusent intent to recognize it.

In addition, in light of all the circumstances, such as the means and attitudes of the crime that two or more persons jointly process, the number of participants and their inclinations, the time and place of the crime, the possibility of contact with others in the course of the crime, the possibility of contact with others, anticipated or sufficiently anticipated that other incidental crimes will be derived during the commission of the crime, or going further to achieve the purpose, even though the conspiracys conspired to commit the crime, and did not take any reasonable measures to prevent the occurrence of the crime, and eventually, if there was an anticipated crime, the conspiracys would have led to the crime without taking any reasonable measures to prevent it.