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(영문) 창원지방법원 2019.07.17 2018노2363
전자금융거래법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (in violation of the Electronic Financial Transactions Act due to the transfer of access media) in light of the following: (a) the Defendant did not verify the personal information of, or the office of, a person without his/her name when he/she transferred his/her personal information to the Defendant, the means of access; (b) did not specify the specific time, place, method, etc. of returning the check; and (c) had two historys of having been suspended from indictment due to the violation of the Electronic Financial Transactions Act, the Defendant’s transfer of the check constitutes “transfer” of the means of access

Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous in misconception of facts and misapprehension of legal principles.

2. In the appellate court’s ex officio determination, the prosecutor, while maintaining the facts charged against the violation of the Electronic Financial Transactions Act by the transfer of the existing means of access as the primary facts charged, applied for amendments to the indictment containing the same facts as stated in the facts charged, and applicable provisions of the Act on Electronic Financial Transactions for this regard “Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act.” The appellate court’s permission was changed to the subject of the judgment.

However, despite the above reasons for ex officio destruction, the prosecutor's assertion of misunderstanding of facts and misapprehension of legal principles on the violation of the Electronic Financial Transactions Act by the transfer of means of access is still subject to the judgment of this court.

3. Judgment on the prosecutor's misconception of facts and misapprehension of legal principles

A. On March 30, 2018, the summary of this part of the facts charged (the facts charged in the principal) presented that “If a personal loan is made, 400,000 won of the first transaction is made, and the principal and interest are combined after a week, and a reimbursement of KRW 600,000 is made, then the Defendant would request the payment of the necessary loan from a person whose name is unknown.”

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