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(영문) 수원지방법원 2019.05.31 2018노7828

전자금융거래법위반

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

Reasons

Summary of Grounds for Appeal

The defendant, with the knowledge of the legitimate lending of loans, presented materials required by the winners of the name cards, and the authorized certificate and the security card were not opened.

2. In the judgment of the court below, the prosecutor ex officio applied for changes to the applicable provisions of law to "Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act" and the judgment below cannot be maintained any longer due to changes in the subject of the judgment by this court's permission.

Around July 24, 2017, the Defendant lent an authorized certificate, security card, and password, etc. connected to the bank account (D) in the name in the name of the Defendant in accordance with the proposal of a person who was under the name of the Nonparty, who assumes the employees of the bank, to “The Defendant would make a false use of the passbook by making a false entry and withdrawal transaction of the passbook,” and “The Defendant lent the means of access to a person who was under the name of the Defendant, in return for payment.”

3. The judgment of the court below is reversed without examining the grounds for appeal by the defendant pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed, and the following is again decided after pleading.

【The reasoning of the judgment in Dao-si, Mapo-gu, Seoul, on July 24, 2017, the Defendant: (a) lent a security card and password connected to the bank account in the name of the Defendant in accordance with the proposal of the name-free box who assumes the employees of B bank, to “I would make a false use of the passbook by making a transaction of deposit and withdrawal in the face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face (D).”

Accordingly, the defendant agreed to the compensation and lent the means of access to his name in return for the lending.

(i) the evidence;