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(영문) 수원지방법원 2014.11.27 2014노2838
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (violations of legal scenarios or rules of evidence) is limited to the loss of three bankbooks and two cash withdrawal cards with the accounts of agricultural cooperatives and the accounts of community credit cooperatives, and the transfer of these cards to a third party, the court below found the defendant guilty of the facts charged in this case by misunderstanding the facts.

2. Determination

A. The court below rejected the defendant's assertion under the title "the judgment on the defendant's and his defense counsel's assertion" in the judgment of the court below, which states that the defendant's assertion is identical to the grounds for appeal of mistake of facts. The court below's judgment is just and acceptable in light of the evidence and records duly adopted and examined by the court below.

B. In addition, the evidence duly adopted and examined by the court below and the following facts or circumstances acknowledged by the evidence and records, namely, ① three accounts in the name of the defendant claiming the loss of the defendant and two accounts of community credit cooperatives were used for the crime of fraud from February 20, 2013 to February 22, 2013; ② one of the accounts of agricultural cooperatives and one of the accounts of community credit cooperatives was opened on February 20, 2013; ③ The defendant's account and cash withdrawal card of the account of community credit cooperatives was lost by the investigative agency on the end of the year in 2012; ③ The defendant stated that the account of the agricultural bank account and the cash withdrawal card of the agricultural bank account would bring about the person who was forgotten at any time, and that the account of the agricultural bank account and the cash withdrawal card would bring about all the account of the agricultural bank account and the account of community credit cooperatives, and that the defendant did not have the credibility of the account and the means of access to the account as stated in the judgment below.

(c).

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