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(영문) 서울남부지방법원 2017.10.10 2017노1785

전자금융거래법위반등

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All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Legal principles 1) The Defendants are aware of the fact that the head of passbook and the e-mail card, etc. transferred by them would be used for criminal acts, regardless of whether they are illegal sports gambling, so the Defendants constitute a crime of aiding and abetting and aiding and abetting fraud.

2) The lower court found all of the facts charged of the primary primary embezzlement not guilty, and the prosecutor filed an appeal on the part of the primary primary embezzlement only, but the effect of the appeal on the part of the primary primary embezzlement also affects the remainder of the facts charged, and thus, the primary facts charged also constitutes a subject of the appellate trial’s judgment (see Supreme Court Decision 2006Do1146, May 25, 2006). Even if the Defendants did not constitute the crime of aiding and abetting fraud against the Defendants, according to the records, the Defendants perceived the money deposited into the G bank account in Defendant A’s name as the victim’s money.

Since there are sufficient reasons to see that there exists a consignment relationship between the Defendants and the victims of the crime of Bosing.

B. The sentence sentenced by the lower court to the Defendants (Defendant A: six months of imprisonment, two years of suspended execution, and six months of imprisonment) is too uneasible and unfair.

2. Determination

A. Determination as to the assertion of misunderstanding the legal doctrine 1) Since an act of aiding and abetting fraud under the Criminal Act refers to a direct or indirect act that facilitates the commission of the principal offender with the knowledge that the principal offender is committing a crime, the crime of aiding and abetting shall have the intention to commit the so-called aiding and abetting that the principal offender is aiding and abetting the commission of the principal offender and that the principal offender is an act that

However, since such intention is an in-depth fact, in a case where the defendant denies it, it is a method of proving indirect facts that have considerable relation with the intention given the nature of the object.