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(영문) 인천지방법원 2019.02.14 2018노2964
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court found the Defendant not guilty on the grounds of the primary facts charged (the transfer of access media) and found the Defendant guilty on the ancillary facts charged (the lending of access media). Accordingly, only the Defendant appealed on the ancillary facts charged (the part of the lower judgment) of the lower judgment.

In such a case, although the primary facts charged (not guilty in the grounds) are judged in the trial, it is out of the scope of attack and defense between the parties, and thus, it is out of the scope of inquiry. Therefore, the conclusion of the judgment of the court below is followed with respect to the primary facts charged (not guilty in the grounds) and the decision is not again made

2. The summary of the grounds for appeal (misunderstanding of facts as to the preliminary facts charged) was merely followed by the procedure to register as an employee of the company as an employee, and did not promise to receive compensation, such as fees, as in the facts charged, and did not know at all that the relevant physical card was used for criminal acts.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged, which erred by misapprehending the facts.

3. The judgment of the court below asserted the same purport as the reasons for appeal, and the court below rejected the defendant's assertion on the ground that the defendant made some statements in the investigative agency and court, the witness F's statement, etc. present at the court of the court below, which correspond to the facts charged, the defendant made a statement recognizing that he would have received 5% of commission in return for the business of withdrawing money, i.e., an intangible expected profit, such as employment, is included in the category of commission, and the defendant delivered a physical card which is not an identification card and provided the password with the identification number, and the defendant provided the means of access to receive 5% fee of 5% of the amount of employment or withdrawal, which is sufficiently recognized. The judgment of the court below is recorded.

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