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(영문) 서울북부지방법원 2017.09.28 2017노1441

전자금융거래법위반

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and three months.

Reasons

1. The sentencing of the lower court (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. Before the judgment on the grounds for appeal by the Defendant’s ex officio, the prosecutor, in the first instance court’s judgment, received from Kwikset service to February 24, 2017 an access medium necessary for electronic financial transactions, such as physical cards, directly from the name of Kwikset to the Defendant from February 20, 2017. The Defendant received physical cards, etc. delivered from D during the same period to the upper line designated by “the president,” and the Defendant took over three times the access medium, such as physical cards, etc. in the name of another person, by taking charge of delivering it to Kwikset for the same period.

From February 20, 2017 to February 24, 201, “D” received access media necessary for electronic financial transactions, such as physical cards, from the title holder of Kwikset through Kwikset Service, and delivers it to the Defendant. During the same period, the Defendant decided to transfer the physical cards, etc. delivered by D to the upper line designated by “the president” in a way that it takes charge of delivering the physical cards, etc. received from D to the upper line of the “the president” to which it is impossible to know the number of tidelands, such as the physical cards, in the name of another.

The judgment of the court below is no longer able to maintain, since the application for changes in the contents of the amendment was filed, and this court permitted it and changed the contents of the judgment.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is ruled as follows through pleading.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence admitted by the court is limited to the alteration of the judgment below’s 13 pages 2 and 13.