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The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for not less than five months.
. against the Defendant.
Reasons
1. Summary of grounds for appeal;
A. The Defendant alleged misunderstanding of the facts or misapprehension of the legal doctrine was unaware of the fact that the Defendant, a co-defendant of the lower judgment, used the passbook and the physical card to the illegal sports discussed, and was not aware that it could be used for the phishing crime.
Nevertheless, the judgment of the court below which found the defendant guilty of aiding and abetting fraud is erroneous by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of
B. In light of the fact that the defendant alleged unfair in sentencing reported to the police the fact that he was registered as the accident account and cooperated in arresting accomplices, agreed with the victim, and the victim did not want the punishment of the defendant, the punishment sentenced by the court below (six months of imprisonment) is too unreasonable.
2. Judgment on the misapprehension of the legal principle or mistake of facts
A. The summary of this part of the facts charged is as follows: (a) around June 4, 2017, A sent a passbook to a smartphone-making and then planned to withdraw the amount of damage to the passbook and divide it into two by using the passbook deposit information service; and (b) around July 4, 2017, A put a letter on the bulletin board stating, “I request a person who urgently needs money to communicate” to the effect that “I wish to cause money to be paid.”
A and B around July 5, 2017, around 09:00, in the vicinity of the defendant's residence in Ansan-si G, the defendant transferred the account to the illegal sports soil site to the defendant and used the money to deduct him from the money first. There is no particular problem in using money to deduct him from the money and to suspend the passbook.
“The Defendant proposed to the effect that he was entitled to use his passbook for the commission of the commission of an illegal scam, not for the sports debate, and transferred his passbook to him with knowledge of the fact that the passbook may be used for the commission of the commission of the crime.