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(영문) 서울중앙지방법원 2015.05.14 2015노745
전자금융거래법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not recognize the fact that the passbook, etc. he transferred was used for the crime of fraud, such as the entries in the instant facts charged, and therefore did not have any intention to commit the crime of aiding and abetting fraud.

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

2. Determination

A. According to the Criminal Act regarding the assertion of mistake of facts and misapprehension of legal principles, aiding and abetting a principal offender refers to direct and indirect acts that facilitate the principal offender’s commission of a crime, so the principal offender should have the intention of aiding and abetting a principal offender’s commission of a crime and the principal offender’s commission of an act that constitutes a constituent element. However, in the case of aiding and abetting a principal offender, the principal offender’s intention is not required to recognize the specific contents of a crime realized by the principal offender, but is sufficient to dolusent perception

(2) In light of the above legal principles, the Defendant is deemed to have committed a crime of aiding and abetting fraud. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court in light of the above legal principles, it is sufficient to acknowledge that the Defendant had committed a crime of aiding and abetting fraud.

Therefore, we cannot accept this part of the defendant's assertion.

① At the time of opening each of the bank accounts of this case, the Defendant: (a) opened a cash account with a Handphone text messages; and (b) withdrawn and used the money deposited by the victims in the passbook that had already been transferred by re-issuance of the cash card.

② Before committing the instant crime, the Defendant has been sentenced to seven times a fine for violating the Electronic Financial Transactions Act.

(3) The defendant listens to the words that he will use the proceeds from the illegal entertainment room as a passbook to deposit money, and transferred the passbook, etc. to the above persons.

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