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(영문) 청주지방법원 2015.06.18 2015노251
전자금융거래법위반
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. As to the judgment of the court below [2014 high-level 216], this part of the facts charged is that "the defendant promised the defendant to receive compensation and lent the means of access to electronic financial transactions to another person," which constitutes a case where the rate cannot be applied under Articles 49 (4) 2 and 6 (3) 2 of the former Electronic Financial Transactions Act (amended by Act No. 13069, Jan. 20, 2015; hereinafter the same), and thus, constitutes a crime. However, the court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.

B. In relation to the judgment of the court below [2014 high-level255], the defendant promised to receive compensation as stated in the [2014 high-level216] decision of the court below and lent the means of access to electronic financial transactions to others, and even if the means of access to electronic financial transactions are not transferred, the judgment of the court below convicting the defendant of this part of the charges by misunderstanding the fact that the defendant transferred the means of access to electronic

C. The lower court’s sentence of unreasonable sentencing (fine 4 million won) is too unreasonable.

2. Determination

A. A. A summary of the facts charged [1] [2014 Go-Ma216] Around February 10, 2014, the Defendant received a proposal from a person who has no personal name to "on the face of KRW 1 million" through a mobile phone text message, and around February 16, 2014, the Defendant sent the name-free bus terminal to the person who has no personal name-free will send a passbook, passbook, card, etc. under the name-free Seoul Metropolitan Government (C), using the high speed of members of the Dong-gu bus terminal, and notified the password by telephone. As such, the Defendant promised another person to receive the price and lent the means of access in electronic financial transactions [2] [2014 Go-Ma255] The Defendant received a proposal from a person who has no personal name-free to the name of the Defendant, and around February 16, 2014, the Defendant received the proposal “on the face of KRW 200,000 per one account per week and KRW 400,400,14.”

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