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 decision of the court below (2,00,000 won) on the summary of the grounds of appeal is too unreasonable.
2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.
In the first instance trial, a prosecutor shall revise the previous facts charged as follows 3, and in the applicable law, "Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act" shall be changed to "Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act", and "after Article 37 of the Criminal Act, Article 39 (1) of the Criminal Act shall be added to "Article 39 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act," and the subject of the judgment was changed by this court.
Therefore, the judgment of the court below cannot be maintained.
3. On October 1, 2015, the revised Defendant was sentenced to one year of imprisonment with prison labor for special larceny, etc. in the support for the development of Suwon Franchisium, and the said judgment became final and conclusive on March 10, 2016.
On February 2, 2015, the Defendant transferred the cash card of the Saemaul Bank Account (Account Number B) in the name of the Defendant for the purpose of receiving a loan from a person in an influence in the name and influence of Gwanak-gu, Seoul Special Metropolitan City.
4. The judgment below is reversed pursuant to Articles 364(2) and 364(6) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, on the grounds that the court below's ex officio reversal of the above Paragraph 2 is a ground for reversal. The judgment below is reversed and the judgment below is further decided as follows.
Punishment of the crime
As set forth in paragraph 3 above.
Summary of Evidence
The summary of the evidence of the facts constituting the crime recognized by this court is identical to the description of the relevant column of the judgment of the court below, except for the addition of the text of the judgment (Seoul District Court Branch Decision 2015 High Court Decision 2015 High Court Decision 2015 High Court Decision 1085 High Court Decision), the text of the judgment (Supreme Court Decision 2016Do687) and the text of the judgment (Supreme Court Decision 2016Do687). Therefore, it is cited in accordance with Article 369 of the Criminal Procedure Act
Application of Statutes
1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning facts constituting an offense, and Article 49 (4) 1 and Article 6 (3) 1 of the same Act concerning selective punishment;