(영문) 청주지방법원 2019.05.31 2018노921 (1)

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(영문) 청주지방법원 2019.05.31 2018노921 (1)

사기방조등

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant alleged a misunderstanding of facts as to No. 1-B of the crime in the judgment of the court below and the misapprehension of the legal principle, which was already prosecuted for the same crime as No. 1-B of the crime

(Cheongju District Court Decision 2017No. 1735, Sept. 28, 2017). Therefore, the judgment of the court below which pronounced guilty of the above facts constituting an offense is erroneous in the misunderstanding of facts or misunderstanding of legal principles, and the judgment of acquittal in the appellate court should be pronounced.

B. The sentence imposed by the court below on the defendant (eight months of imprisonment and two years of suspended sentence) is too unreasonable.

2. Judgment on misconception of facts and misapprehension of legal principles

A. No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access, knowing that he/she is to be used for a crime or to be used for a crime.

Nevertheless, on December 2016, the Defendant, in collusion with B, A, and D, received KRW 500,00 from the person in default of his/her name at a bus terminal located in He/sheung-gu Pung-ro 6, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu and delivered the means of access, such as passbook of G bank account in F (H) and cash card (hereinafter “the means of access in this case”) via bus consignment, to the person in default of his/her name for the purpose of using it for fraud.

B. On January 26, 2018, the Defendant was convicted of the following criminal facts in the case related to the Defendant’s “transfer of access media” and the key issue of this case (1) on January 26, 2018. The judgment on September 28, 2018 became final and conclusive.

Despite the fact that anyone is not allowed to transfer the means of access, the Defendant, in collusion with B and A on December 15, 2016, sold the passbook and cash card in F in the vicinity of the bus terminal in the name of B and B, to the one who was not entitled to receive the name, thereby transferring the means of access in excess of 50,000 won.

(2) The instant case.

유사 판례

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