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(영문) 대구지방법원 2018.10.25 2018노1221

전자금융거래법위반

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Although the Defendant appealed against the judgment of the court below, the Defendant did not submit the reasons for appeal within the submission period of the reasons for appeal.

In the facts charged at the trial of the prosecutor, the prosecutor delivered the physical check card connected to the new bank account (C) in the name of the accused and transferred the accessible medium to the name-dissipant.

“B To deliver two physical cards connected to the new bank account (C) in the name of the Defendant and the bank account (I) and to transfer the access medium to the name in the name of the Defendant.

“Application for Amendments to Bill of Indictment was filed,” and this Court permitted, so the judgment of the court below cannot be maintained as it is.

2. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment of the court below is reversed and it is again decided after pleading.

[Judgment which is used again] No person shall transfer or acquire access media unless otherwise specifically provided for in other Acts in using and managing access media.

Nevertheless, on July 2017, the Defendant, in the dwelling of the Defendant located in Daegu Suwon-gu Suwon-gu, 2017, needs to pay the fee of KRW 2 million per 1,000,000 to the Defendant, for the purpose of receiving the liquor price to reduce the tax from the person who misrepresented the staff of the liquor company.

“In receipt of the proposal,” the Defendant accepted the proposal and transferred two physical cards connected to the Defendant’s new bank account (C) and the bank account (I) in the name of Kwikset service article at the residence of the Defendant at the above temporary border, and transferred the accessible media to Kwikseter.

Summary of Evidence

1. The original judgment and the original judgment of the defendant;

1. Each police statement made to D or J;

1. Application of response data to financial institutions and statutes on response to financial transactions;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1.Article 40 of the Criminal Code of Trade and Trade.

참조조문