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(영문) 의정부지방법원 2015.10.27 2014노1217
전자금융거래법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. On May 19, 2014, the gist of the grounds for appeal: (a) the Defendant was dissatisfied with the lower judgment and filed an appeal; (b) was notified of the receipt of the trial record on September 8, 2015; and (c) did not submit the grounds for appeal within 20 days, which is the due deadline for submitting the appellate brief; and (c) the

2. Ex officio determination

A. The crime of taking over the means of access under the Electronic Financial Transactions Act is established by one crime for each means of access. However, the act of taking over several means of access at once constitutes a single act of committing several crimes of violating the Electronic Financial Transactions Act, and each crime is in a mutually competitive relationship.

(See Supreme Court Decision 2009Do1530 Decided March 25, 2010, etc.). B.

However, according to the records, the defendant can be recognized that he transferred the passbook and cash card in the name of Gyeong Telecommunication Network Co., Ltd. around December 13, 201. Thus, each of the crimes of violation of the above Electronic Financial Transactions Act exists in a commercial concurrent relationship. However, since the court below erred by omitting the commercial concurrence while applying the laws and regulations against the defendant, the judgment of the court below was no longer maintained in this regard.

3. In conclusion, the court below did not dismiss the defendant's appeal on the grounds that the defendant did not submit a statement of grounds for appeal, and the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Optional penalty:

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