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(영문) 수원지방법원 2018.03.28 2017노8884
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding the legal principles on aiding and abetting fraud, aiding and abetting fraud using computers, etc., aiding and abetting fraud, and violating the Electronic Financial Transactions Act, and the Defendant asserted by misapprehending the legal principles merely put the products packed as a proposal L into the pre-ception system with Kwikset Service. Therefore, there was no intention to keep and deliver an access medium, and there was no awareness that such act was easy to commit a phishing crime.

Therefore, even though the Defendant was not guilty of aiding and abetting fraud, aiding and abetting fraud by using computers, etc., and violating the Electronic Financial Transactions Act, the lower court erred by misapprehending the legal doctrine, or by misapprehending the legal doctrine, thereby convicted this part

B. The lower court’s punishment (one year of imprisonment) is too unreasonable.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the assertion of misunderstanding of facts and legal doctrine, the Defendant: (a) at the time, had a medium of access to gambling (such as physical cards) that he received and stored; and (b) had dolusent knowledge or predicted that such access media were used for the commission of phishing, thereby facilitating the commission of the crime, such as fraud, by keeping and delivering the physical card, even though he/she knew or predicted it.

It is reasonable to view it.

Therefore, the defendant's above assertion is without merit.

① From March 24, 2015 to March 26, 2015, under the direction of “M”, the Defendant received physical cards, etc. from Kwikset Service Delivery Officer and stored them in the subway station, and it seems extremely rarely that, while paying repair fees additionally, the Defendant’s custody of physical cards, etc. in the subway station.

(2) The defendant has become aware that the contents of the first package of an article had been kept in custody of an article, and that the contents of the article had become aware of the fact.

L according to the conversation between the defendant and L on March 23, 2015.

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