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Defendant
All A and prosecutor appeals are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The lower court’s punishment against Defendant A (one year and two months of imprisonment) is too unreasonable.
B. Prosecutor 1) Defendant B and C (In factual misunderstanding or misapprehension of the legal doctrine), Defendant B and C continued to drive the vehicle in the process of withdrawing cash at four locations a bank during a day by Defendant A, and Defendant C directly opened the passbook and the boxes containing the card that Defendant A received from a door-to-door engineer.
As can be seen, it is an emergency to carry out the act of receiving gamblings containing several passbooks a day together with a bank, and it is reasonable to view that Defendant B and C committed an intangible aiding and abetting act so that they can continue such act with the knowledge of the Defendant’s crime.
Nevertheless, the lower court acquitted Defendant B and C by misapprehending the facts or by misapprehending the legal doctrine.
2) The lower court’s sentence against Defendant A (unfair assertion of sentencing) is too unhued and unreasonable.
2. Determination
A. Determination as to the Prosecutor’s misunderstanding of the facts or misapprehension of the legal principles as to Defendant C and B’s assertion 1) A of aiding and abetting the Violation of the Electronic Financial Transactions Act, Defendant C and B of aiding and abetting the Violation of the Electronic Financial Transactions Act, on June 11, 2015, with knowledge of the fact that Defendant A was sent a passbook and a card, etc., which is an access medium of the electronic financial transaction for the purpose of using it for the phishing fraud, Defendant C was driving his own Z, Defendant A and B, who was accompanied by Defendant A and B, and arrived before the J in Gwangjin-gu Seoul Special Metropolitan City, at the seat of the Seoul Special Metropolitan City, Defendant C and B, reported the network within the vehicle, and Defendant A received one copy of the one bank passbook (L) and one bank cash card (M) in the name of K, an access medium of the electronic financial transaction.
As a result, Defendant C and B made it easy for Defendant A to take over their access media.
B) Defendant C and B, who aiding and abetting fraud, are Defendant A.