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(영문) 서울고등법원 2016.11.04 2016노2103
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court against the Defendant is too unreasonable.

2. The Defendant acknowledged each of the instant crimes in the statement of grounds for appeal, and argued to the effect that, with respect to the instant crime of importing phiphones in the statement of grounds for appeal, the Defendant first did not know whether phiphones were contained in the international mail, and then refused to accept the instant mail by means of his or her ignorance and intimidation, but was merely the receipt of the instant mail by means of his or her ignorance and intimidation. However, even according to the Defendant’s assertion, the Defendant was deemed to have participated in the instant crime of importing phiphones as the recipient. In light of the evidence duly adopted and examined by the lower court, the Defendant’s aforementioned crime can be fully recognized.

The circumstances are favorable to the defendant, such as: (a) the fact that the penphone imported by the defendant is so small that it is not actually distributed in Korea; (b) the e-mail card and security card listed in the crime inundation chart in the judgment of the court below was seized and not used for additional crimes; (c) the victim'sO of the fraud committed by agreement with the victim of the fraud did not want the punishment of the defendant; and (d) there was no record of punishment exceeding the fine for the defendant

However, the Defendant promised to receive or promise the price and kept the means of access used in electronic financial transactions in collusion with E and his name in custody. As such, the means of access distributed as such is highly likely to be used for other crimes, such as Bosing, etc., the crime liability is grave, and the accomplice E was sentenced to imprisonment with labor for not less than 10 months due to the crime of violating the Electronic Financial Transactions Act.

(Seoul Northern District Court 2015No1647). The defendant is punished for a considerable period of escape after the arrest of accomplice E.

In order to raise funds, victims who intend to import philophones and purchase Handphones.

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