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(영문) 수원지방법원 2014.02.20 2013노1204 (1)
전자금융거래법위반등
Text

The judgment below

The part against the defendant shall be reversed.

The defendant shall be innocent.

Reasons

【Judgment on Grounds for Appeal】

1. Summary of grounds for appeal;

A. Defendant introduced L without knowing whether it is necessary to do so upon request from Defendant A to “a person who is well aware of the fact” and did not participate in A’s participation in the acquisition and transfer of the means of access.

Even if the defendant introduced L even though he was aware that he would do so, the crime is established only by the means of access directly acquired or transferred by L (attached Table 16, 24).

In addition, the sentence of the court below against the defendant (the fine of eight million won) is too unreasonable.

B. The lower court’s sentence against the Defendant against the prosecutor (unfair form of punishment) is too unjustifiable and unfair.

2. We examine the defendant's assertion of mistake of facts. The defendant's act objectively revealed only introduces L to A, and evidence to acknowledge that the defendant has conspiredd to commit the crime by committing the crime by A is only limited to the above A and L. Thus, the following circumstances acknowledged by the records of this case: ① the defendant was "A" at the prosecutor's office, and only when the defendant knew that he was "A" at the time when he was arrested at the police, and this name was known at the time when he was arrested at the police," it does not seem to have a friendly relationship between the defendant and A. As such, the defendant did not appear to have operated the crime organization at the same time; ② The defendant sold the means of access to 600,000 won per one, and the defendant was distributed the above criminal proceeds by the prosecutor's office; ② The defendant introduced L to him, and it does not mean that the defendant's specific statement was made at the prosecutor's office as to whether the defendant was "the delivery of the defendant to the suspect" (Article 35).

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