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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. According to each evidence submitted by the Prosecutor, the fact that the Defendant received the means of access linked to the corporate bank account in C name and the national bank account around November 201 can be acknowledged.
Nevertheless, the court below rendered a not guilty verdict on the facts charged of this case. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.
2. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.
In the first instance trial, the prosecutor applied for the amendment of the indictment with the content that the facts charged in the instant case are modified as stated in the following facts charged (Article 3(a)), and this court permitted it, and thus, the judgment of the court below was no longer maintained in this respect.
However, even if the above reasons for ex officio destruction exist, the prosecutor's assertion of misunderstanding of facts is still subject to the judgment of this court within the scope of determining the modified facts charged, and this is examined in
3. Judgment on the prosecutor's assertion
A. The Defendant, from October 201 to November 201 of the same year, paid KRW 600,000 to H at the French coffee shop in Daegu-gu, Daegu-dong, and received from H one passbook, one passbook, one cash card, and one password connected to the company bank account (Account Number: D) and the national bank account (Account Number: Account Number: E) from H.
Accordingly, the Defendant acquired the means of access.
B. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court and the witness C and H’s respective statutory statements at the trial of the lower court, namely, whether the Defendant, who was aware of the facts charged in the instant case, inter alia, of being introduced from the person, could contact the principal and request a passbook in the name of another person on November 201.