(영문) 서울서부지방법원 2017.01.12 2016노1474

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(영문) 서울서부지방법원 2017.01.12 2016노1474

전자금융거래법위반

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of the instant case, did not intend to commit the instant crime with A and his name, for the following reasons: (a) at the time of the instant case, the Defendant: (b) received another person’s body card or OTP card and received a request to deliver it; and (c) received instructions from the employees of Bosing and explained the content to the Defendant; and (d) the Defendant did not agree to do so; and (c) the Defendant did not conspired with the instant crime with the Defendant.

B. Even if the instant facts charged are found guilty, the sentence of the lower court (two months of imprisonment) is too unreasonable.

2. Determination

A. According to Article 6(3)3 of the Electronic Financial Transactions Act regarding the assertion of misunderstanding of facts, no one shall lend or store, deliver, or distribute 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.

Comprehensively taking account of the evidence duly admitted and examined by the court below, although the defendant knew prior to the crime of this case, that A was aware of prior to the occurrence of the crime of this case that he would receive and keep the Boscam scam scam scam scam scamscams and OTP cards from the staff to be used for the crime of this case, it could be recognized that he actually performed the act of receiving the instant physical scam cards and OTP cards according to A's instructions. According to the above facts, it can be sufficiently recognized that the defendant had kept them in collusion with A and OTP cards with the awareness that the instant scam and OTP cards were used for the purpose of using the Boscam scam scam scam scam scam scam scam scams

Therefore, the defendant's assertion of facts is without merit.

B. The instant crime of determining the illegality of sentencing causes serious harm to the society.

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