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(영문) 청주지방법원 충주지원 2018.10.31 2018고정123

전자금융거래법위반

Text

The prosecution of this case is dismissed.

Reasons

1. No person who is the summary of the facts charged shall borrow or lend any access medium or distribute, deliver, or distribute such medium while demanding, demanding or promising the consideration;

Nevertheless, the Defendant reported on the advertisement page that “I will give KRW 3,00,000,000 on the face of the transfer of physical cards,” and, on June 2017, on the front of the 3rd village hall in the west-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, his mother, through Kwikset’s service article, 1 head of the physical card, which is an access medium of the Korea Skset (Account Number: E) in his mother’s name.

2. The judgment of the court under Article 53 of the Juvenile Act provides that the case for which the trial was decided shall not be prosecuted again or forwarded to the Juvenile Department, so if a new prosecution was instituted against the case identical with the case for which the protective disposition under Article 32 was issued (including habitual crimes, etc.) and the case for which the protective disposition was rendered, this constitutes a case where the indictment procedure was invalidated in violation of the law, and thus, it shall be subject to a judgment dismissing the public prosecution under Article 327 subparagraph 2 of the Criminal Procedure Act (see Supreme Court Decision 96Do47, Feb. 23, 1996). This legal principle also applies to the case where the juvenile department of the court under Article 327 subparagraph 2 of the Criminal Procedure Act, which received a transfer from the Juvenile Department of the Juvenile Department of the Juvenile Department of the Juvenile Court before the trial was commenced, and it is reasonable to view that the same applies likewise to the case where the decision of the protective disposition was

In the absence of such interpretation, even if a protective disposition is finalized for the same case after the prosecution was instituted, a juvenile should be punished again or subject to a protective disposition by forwarding it to the Juvenile Department, separately from the protective disposition already issued for the juvenile, which takes into account the similarity between the protective disposition and the criminal punishment against the juvenile.