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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant, by misunderstanding of facts or misunderstanding of legal principles, knew that the passbook was used for gambling upon the request of friendly arrest C by borrowing the passbook, and delivered the passbook and password. Since it was unaware of whether the above act was an offense, it is not guilty on the ground that there was no intention.
B. In light of the various sentencing conditions in the instant case of unfair sentencing, the lower court’s sentence (a fine of KRW 700,000) is too unreasonable.
2. Determination on the grounds for appeal
A. Determination of misunderstanding of facts or misunderstanding of legal principles 1) Article 16 of the Criminal Act provides that a person’s act of misunderstanding that his act does not constitute a crime under the law shall not be punishable only when there is a justifiable ground for misunderstanding of facts. It does not merely mean the site of the law. Generally, even though a crime is committed in one’s case, if it is recognized that it does not constitute a crime due to an act permitted by the law in his/her own case, and there is a justifiable ground for misunderstanding of facts (see, e.g., Supreme Court Decision 2012Do15931, Sept. 12, 2013). 2) In light of the above legal principles, the evidence duly adopted and examined by the court below, it is sufficiently confirmed that the defendant transferred the means of access by means of opening the account in his/her name after receiving a request from C to “establishment of one passbook,” and it is sufficiently recognized that the defendant had no intention or perception of illegality with respect to the crime of this case and the defendant merely
Since it is difficult to see that the defendant's act constitutes a mistake in law, the above argument by the defendant is without merit.
B. The transfer of the means of electronic financial transactions to determine the allegation of unfair sentencing may be abused for other serious crimes, such as singishing crimes, thereby causing secondary injury.