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(영문) 서울중앙지방법원 2019.06.13 2018노3113

사기방조등

Text

The judgment below

The part, other than the part relating to the application for compensation, shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The lower court dismissed an application for compensation by an applicant for compensation filed by the lower court.

An applicant for compensation is unable to file an objection against a judgment dismissing an application for compensation pursuant to Article 32(4) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, and the above application for compensation becomes final and conclusive immediately. Therefore, the part of the judgment of the court below regarding the above application for compensation

A. In light of the fact-finding and misunderstanding of legal principles (not guilty portion in the original judgment): when the Defendant transferred the physical card in the name of the Defendant, the means of access, the Defendant did not verify the personal information or the office, etc. of a person who has failed to receive the name, and did not specify the specific time, place, method, etc. to receive the return of the physical card, it shall be deemed that the Defendant had the criminal intent to transfer the means of access

Nevertheless, the decision of the court below that found the means of access as the intention to use the means of access as a lump sum and acquitted this part of the facts charged is erroneous and erroneous.

B. The guilty portion of the judgment of the court below on the grounds of unfair sentencing (in the case of fraud: Imprisonment with prison labor for eight months and two years of suspended execution) is too uneasible and unfair.

2. In order to maintain the facts charged against the violation of the Electronic Financial Transactions Act by the transfer of the existing means of access as the primary facts charged, a prosecutor ex officio determination at the trial applied for changes in indictment adding the facts charged as stated in Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act as stated in Article 49(1) of the same Act and the applicable provisions of the same Act to the facts charged as stated in Article 49(4)2 and Article 6(3)2

However, as examined below, the court below found the Defendant not guilty of the primary charges regarding the violation of the Electronic Financial Transactions Act due to the transfer of means of access and found the Defendant guilty of the ancillary charges.