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(영문) 대구지방법원 2018.07.26 2018노1948
전자금융거래법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The defendant does not pay the above fine.

Reasons

1. The summary of the grounds for appeal is unreasonable as it is too unfasible to the punishment (3 million won in penalty) declared by the court below.

2. Before determining the grounds for appeal by the prosecutor's ex officio, the prosecutor, at the trial of the court below, changed "one head of the physical card connected to the bank account (D)" to "two head of the physical card connected to the bank account (D) and Saemaul Treasury (G)" among the facts charged in the judgment of the court below, and applied Article 40 of the Criminal Act in addition to "Article 40 of the Criminal Act" in the applicable law. Since this court permitted this, the judgment of the court below can no longer be maintained.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, on the grounds that the above reasoning of the judgment below is reversed ex officio, and the judgment below is again ruled as follows after pleading.

[Grounds for the new judgment] Any person who uses and manages an access medium for criminal facts shall not lend the access medium with the promise of compensation unless otherwise expressly provided for in other Acts.

Nevertheless, on November 28, 2017, the defendant sought a "sports betting office" account from a person who is in the name of the defendant, due to tax issues.

On December 4, 2017, 2017, the head of the Postal Card 2, which is linked to the account (D) and the Saemaul Bank (G) of the name of the Defendant, sent Kwikset-line 2 to the above-mentioned person via Kwikset-line service article and sent the password of the above Postal Card to the non-resident by telephone.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

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

1. Each police statement protocol with respect to E and H 1.

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