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The judgment of the court below is reversed.
Defendant
A shall be punished by a fine of KRW 2,500,00, and by a fine of KRW 1,500,000.
Reasons
Summary of Reasons for appeal
A. Fact-misunderstanding 1) In view of the fact that the sales proceeds of the convenience store operated by Defendant A (hereinafter “instant convenience store”) ought to be reverted to G Co., Ltd. (hereinafter “G”), the head office of Defendant A, the Defendants used only in a round-up manner to deposit sales proceeds from the victim’s seizure damage G, and thus, there was no intention on the crime of evading compulsory execution and the crime of violation of the law on financial business specializing in credit.
2) The Defendants did not know at the instant convenience store whether the use of the credit card device of D (hereinafter “D”) was prohibited, and sought the answer from the tax official from the investigation of the above convenience store that it was not an issue by using D’s credit card device, and thus, there was no awareness of illegality.
B. The sentence sentenced by the lower court (Defendant A: fine of KRW 5,00,000, and fine of KRW 3,000,000) is too unreasonable.
2. Determination
A. 1) Determination of the assertion of misunderstanding of facts 1) Determination of whether an intentional act constitutes an objective element of the constituent requirement and his act is in conflict with the law, i.e., recognition of illegality is not an intentional act.
Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and examined by the lower court, the Defendants, recognizing the fact that the victim had seized credit card sales claims of the instant convenience store, and had the intent to conceal the property with a view to evading compulsory execution by having the payment of the above convenience store price through the credit card terminal in the name of D, and to use the name of other credit card member stores in the name of D.
Therefore, we cannot accept this part of the Defendants’ assertion.
A) The victim on June 2017.