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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. (1) Since Defendant (1) was unaware of the fact that cash cards, etc. transferred by Defendant were used for the crime of fraud, there was no intention to aid and abetting fraud, and there is no evidence that C who acquired cash cards, etc. from Defendant was a principal offender for the crime of fraud, and thus, the Defendant is not recognized
(2) Since the prosecutor of the court of first instance revokes the prosecution against the violation of the Electronic Financial Transactions Act by the defendant who transferred cash cards, etc. to C as shown in the annexed list of crimes (2), it is erroneous in the misapprehension of legal principle that the court of the court of the court below's judgment should be limited to the annexed list of crimes (1) of the first instance court, but the court below's conviction of the above violation list (2)
(3) The lower court’s sentence of unreasonable sentencing is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination
A. As to the Defendant’s assertion of mistake of facts, the act of aiding and abetting and abetting and aiding and abetting and aiding and abetting and aiding and abetting and aiding and abetting and aiding and abetting and aiding and abetting and aiding and abetting the commission of the principal offender should have the principal offender’s intention as to the act of aiding and abetting and aiding and abetting and that the principal offender’s act constitutes elements of a crime.
However, the intention of the principal offender is not required to be specifically aware of the contents of the crime realized by the principal offender, but it is sufficient to have dolusent recognition or predictability.
(see, e.g., Supreme Court Decision 2012Do11435, Feb. 28, 2013). Comprehensively taking account of the evidence duly admitted and examined by the lower court, it is recognized that the Defendant provided C with a passbook, cash card, etc. in his/her account under the name of the principal and another person to facilitate the commission of the crime, and thus, the Defendant’s assertion on this part is without merit.
(2) The principal offender is aware that he is committing a crime.