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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant alleged a mistake of facts as to No. 1-B of the crime in the judgment of the court below and the misapprehension of the legal principle, which was already convicted of the same crime as No. 1-B of the
(Cheongju District Court Decision 2017No. 418, Nov. 7, 2017). Therefore, even if the judgment of acquittal was rendered in accordance with Article 326 subparag. 1 of the Criminal Procedure Act, the judgment of the court below which pronounced guilty is erroneous in matters of mistake of facts and misapprehension of legal principles.
B. The sentence imposed by the court below on the defendant (eight months of imprisonment and two years of suspended sentence) is too unreasonable.
2. Judgment on misconception of facts and misapprehension of legal principles
A. No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access, knowing that he/she is to be used for a crime or to be used for a crime.
Nevertheless, on December 2016, the Defendant, in collusion with C, A, and D, received KRW 500,00 from the person in default of his/her name at the shuttle bus terminal located in Cheongju-ro 6, Young-gu, Soung-gu, Young-gu and delivered the means of access, such as the passbook in F bank account (H), cash card, etc. (hereinafter “the means of access in this case”), to the person in default of his/her name, for the purpose of using it for fraud.
B. On July 7, 2017, the Defendant was convicted of the following facts constituting a crime in the case related to the Defendant’s “transfer of access media” and the key issue of this case (1) in the case involving the consolidation of Cheongju District Court Decision 2017Ma418, etc., and the said judgment was finalized on November 7, 2017.
In spite of being prohibited from transferring the means of access, the Defendant, in collusion with C and A on December 15, 2016, sells any passbook and cash card in the name of F in the vicinity of a bus terminal in the name of B and B at KRW 500,000.