(영문) 수원지방법원 2017.12.14 2017노7665 | 리걸엔진

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(영문) 수원지방법원 2017.12.14 2017노7665

특수절도등

Text

Defendant

All appeals filed by A and B and prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence against Defendant A and B (Defendant A: imprisonment with prison labor for a maximum of one year and six months, a short of one year, confiscation, and confiscation) is too unreasonable.

B. Prosecutor 1) The lower court’s aforementioned sentence against the Defendants 1 and 2 on the grounds that the Defendants alleged unfair sentencing is too uneasible.

2) In light of the fact-misunderstanding and legal principles as to Defendant C, the Defendant stated to the effect that “A and B divided the talk about the receipt of the Defendant’s Defendant and the Defendant knew that he would withdraw cash by receiving the card,” the Defendant did not explicitly express his intent not to commit the instant crime, the Defendant appears to have taken withdrawal by using the card if he received several numbers of cards as planned, and the Defendant appears to have taken withdrawal by using the card, and even if the Defendant was found guilty, the fact that the Defendant committed a crime in custody of the instant card may be acknowledged.

Nevertheless, the judgment of the court below which acquitted the defendant of facts charged is erroneous in the misunderstanding of facts and legal principles.

2. Determination

A. Determination on the Prosecutor’s assertion of misunderstanding of the facts and misapprehension of the legal principles as to Defendant C of the facts charged against Defendant C is prohibited from lending or lending, or storing, delivering, or distributing access media with the knowledge that it is intended to be used for a crime or intended to be used for an offense in using or managing access media.

Nevertheless, the Defendant received six copies of the card to send the card from a member of the telephone finance fraud organization, and received six million won from each of the card accounts, and sought money if the card accounts are deposited.

In order to find the money, 540,000 won per card shall be paid at the face value and at the expense.

“For the purpose of, or for the purpose of, using a crime such as pressing, hearing the horses to be used.”

유사 판례

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-서울남부지방법원 2016.09.23 2016고단3540

-인천지방법원 2017.06.29 2017고단2436