전자금융거래법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal recognized that the defendant transferred access media to C for electronic financial transactions, but the court below acquitted the defendant on the facts charged that the defendant lent access media to C. The court below erred by misapprehending the facts and affecting the conclusion of the judgment.
2. In the appellate court’s ex officio determination, the Prosecutor changed “Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act” to “Article 49(4)1 and Article 6(3)1 of the Electronic Financial Transactions Act,” and applied for amendments to the indictment as follows, and the judgment of the court below cannot be maintained as it changed to the subject matter of adjudication by granting permission.
[Revised charges] Around July 2014, the Defendant issued a passbook to “C” before the withdrawal of Samsungdong-gu, Samsungdong-gu, Gangnam-gu, Seoul.
“After receiving and consenting to the proposal, Kwikset Company sent a cash card connected to the Samsung Securities Account (D) opened in the name of the Defendant to the above-mentioned person and notified the password.
Accordingly, the defendant transferred the access media to the defendant.
3. In conclusion, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's assertion, and the judgment below is reversed and it is again decided as follows.
[Judgment that was used again] Around July 2014, the Defendant held that the head of the Tong would face the head of the Tong before Samsungdong-dong, Samsungdong-gu, Gangnam-gu, Seoul.
“After receiving and consenting to the proposal, Kwikset Company sent a cash card connected to the Samsung Securities Account (D) opened in the name of the Defendant to the above-mentioned person and notified the password.
Accordingly, the Defendant is an access medium.