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(영문) 서울서부지방법원 2015.04.30 2014노1557
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, by means of a mistake of facts or misapprehension of legal principles, allowed a person who received a telephone from a person who was unaware of his name to give money if he borrowed the passbook and the check, and only delivered the passbook and the check card, and even though it was unaware of whether such an act constitutes a crime, the judgment of the court below which found the Defendant guilty of the facts charged in the instant case by mistake of facts or misapprehension

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (two million won of fine) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the lower court’s duly adopted and investigated evidence, it can be sufficiently recognized that the Defendant had the criminal intent to transfer the means of access, such as passbook and card, to the Defendant at the time of the instant case, and it is difficult to view that the Defendant did not have the intention or illegality regarding the instant crime solely due to the circumstance alleged by the Defendant.

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

1) On April 2, 2014, the Defendant: (a) sent a text message to the place where the text message was sent with two passbooks, / 700,000,000 per week, monthly / 3500,000; (b) on April 2, 2014, the Defendant called “the head of the Tong and the check card will be used only one month; (c) the Defendant sent the passbook and the check card to the place where the text message was sent.” (d) On the same day, the Defendant: (a) made the head of the Tong and the check card from the Agricultural Cooperatives on the same day on the same day on the ground that the Defendant was in need of living expenses and sent money to the Kwikset service articles; and (b) made the phone call again, and the counselor sent Kwikset service articles on the same day at around 15:30 on the same day, and did not confirm whether the other party was to use it.

3 The defendant is aware of the contact address of the head of a Tong and a card at an investigative agency.

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