logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.06.25 2015노1840
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant is merely aiding and abetting the acquisition of the means of access by B, and does not constitute an acceptance of the means of access in collusion with B.

In other words, the defendant listens to L to the request from L to receive a delivery, and only introduces B to L, and there is no other economic benefits from B in relation to the acquisition and sale of the means of access in this case.

B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. As to the Defendant’s assertion of misunderstanding of facts at the lower court’s trial to the same effect as the Defendant’s assertion of misunderstanding of facts, the lower court acknowledged the collusion relationship between the Defendant and B by taking full account of the following: (i) the Defendant purchased the passbook with L by directly receiving a request from L to request for the delivery of the passbook; and (ii) the Defendant resided in Daejeon and attempted to sell the means of access to the means of this case to Seoul while living in Daejeon, and (iii) tried to keep the means of access to the means

In addition to the above circumstances, in light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., the following circumstances: ③ the original L was only or known to the defendant and the detention house, and the police came to know of the fact that it was obtained information on the control of the large bankbooks by the police after the collision with the money problem, and the investigation of this case was commenced by selecting and informing the defendant from the beginning; ④ the defendant was always involved in contact and transaction with L even after the introduction of the defendant, it is sufficiently recognized that the defendant was taking over the means of access of this case in collusion with B. Thus, the judgment of the court below is lawful and there is no error of law

The defendant's assertion of mistake is without merit.

B. The Defendant’s decision on the argument of unfair sentencing is based on the entirety of the instant crime.

arrow