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(영문) 수원지방법원 2018.09.14 2018노1466

전자금융거래법위반

Text

All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of KRW 6,000,000.

The above fine shall be imposed on the defendant.

Reasons

1. The summary of the grounds for appeal is that each of the original judgments (each of the fines of three million won) is too unreasonable.

2. The judgment of the court below against the defendant, each of which was sentenced by the prosecutor, filed an appeal against the defendant, and this court decided to hold a joint hearing of each of the above appeal cases. Since the judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, one of the offenses against the defendant should be sentenced in accordance with Article 38(1) of the Criminal Act, the judgment of the court below cannot be maintained

In addition, the prosecutor applied for the amendment of a bill of amendment to the indictment with the content as stated in the actual column of the crime [2017 order 3589 [2017 order 3589] part of the judgment of the court of first instance under the facts charged in the judgment of the court of first instance, and since the subject of the judgment was changed by this court's permission, the judgment of the court of first instance cannot be maintained further in this respect.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and it is again decided as follows.

【Judgment Co., Ltd.】 Criminal facts [2017 senior 3589 senior / [2017 senior / [3589] Electronic financial access media shall not be transferred to another person unless otherwise provided for in other Acts.

On September 2016, the Defendant received a proposal to the effect that “to get loans equivalent to KRW 10 million from his/her name-free persons,” and that “to request passbooks,” from his/her name-free persons, the Defendant transferred one cash card (C) through a new bank (C) in the name of the Defendant’s director, one cash card, and one cash card (G) through Kwikset.

[2018 Highest 848] Electronic financial access media is specifically provided for in other laws.