전자금융거래법위반등
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
As to the part of aiding and abetting a violation of the National Sports Promotion Act among the facts charged in the judgment of the court below, the defendant did not know at all about the principal offender's crime, and there is no fact that he conspired with or shared the principal offender's crime.
The defendant paid money to the defendant, only delivered the passbook to make a living, and there was no intention to commit a crime related to sports sports soil.
Therefore, the lower court’s judgment that found the Defendant guilty also erred by misapprehending the facts or by misapprehending the legal doctrine.
The punishment sentenced by the court below to the defendant (two years of imprisonment) is too unreasonable.
According to the evidence submitted by the prosecutor, the part of the charge against the defendant as to the teacher of the violation of the Punishment of Violences, etc. Act (joint confinement) may be found guilty, but the court below found the defendant not guilty of the charge, which erred by misapprehending the facts or by misapprehending the legal principles.
The sentence sentenced by the court below against the defendant is too unfortunate and unfair.
The Defendant also asserted the same purport in the lower court’s judgment as to the Defendant’s misunderstanding of the facts or misapprehension of the legal doctrine, and the lower court rejected the said assertion by explaining the detailed reasons in the part on “the judgment on the Defendant A and the defense counsel’
When the judgment of the court below is examined closely with the evidence, the judgment of the court below is just, and there is no error as alleged by the defendant.
On April 23, 2014, the facts charged regarding the prosecutor’s assertion of mistake in the facts charged were that the victim T was cancelled the bank account of T Master’s Bank and withdrawn KRW 5,691,010, and the Defendant instructed M to the effect that “T is found to receive money by phone call from BV around that time.”
On May 12, 2014, around 00:40, the bank account in the name of the victim W is lost or stolen, and it is an Internet banking.