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(영문) 창원지방법원 2015.02.12 2014노832

전자금융거래법위반

Text

The judgment below

The part against the Defendants is reversed.

Defendant

A. The Defendant O, Q, and R are not guilty.

Reasons

1. Summary of grounds for appeal;

A. Defendant A merely lent the means of access to electronic financial transactions to Y without compensation, but otherwise, Defendant A did not have assigned the means of access to electronic financial transactions, claiming that the judgment below erred by misapprehending the legal principles or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

B. Defendant O, Q, Q, and R 1 recognized the fact that obscene materials other than child and juvenile pornography were distributed or displayed openly through an information and communications network. However, even if obscene materials were partially included in the child and juvenile pornography from among obscene materials provided through an information and communications network, the lower court erred by misapprehending the legal principles on the distribution and provision of child and juvenile pornography, thereby adversely affecting the conclusion of the judgment. 2) In so determining, the lower court erred by misapprehending the legal principles on the facts charged in the instant case, which affected the conclusion of the judgment, although Defendant O, Q, and R did not err by misapprehending the legal principles, which affected the conclusion of the judgment, since Defendant O, Q, and R distributed or displayed publicly obscene materials other than child and juvenile pornography through an information and communications network in relation to the act of distributing or openly displaying obscene materials other than child and juvenile pornography, it became final and conclusive as a violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, which were related to the instant facts charged, and thus, it should be acquitted at the time of acquittal.

2. Judgment on Defendant A’s assertion

A. Except as otherwise provided for in other Acts, the person charged with this part of the facts charged.