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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울북부지방법원 2017.01.12 2016노1617
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal does not relate to the principal in the petition of appeal.

The grounds for appeal by the defendant seems to be erroneous in fact according to the above contents of the petition of appeal. The reason for appeal by the defendant seems to be erroneous.

2. The lower court duly adopted and examined the reasoning for appeal. According to the evidence, the Defendant: (a) was a person who received a phone from the person in an irregular manner and received the passbook, etc. from the Defendant; (b) the Defendant did not confirm the personal information of the person in an irregular situation at the time; and (c) did not specify specific time, place, method, etc. of returning the passbook, etc.; (d) such act constitutes a case where the passbook, etc. was transferred, barring any other special circumstances (see Supreme Court Decision 2011Do167, Jul. 5, 2012, etc.). (e) the following facts and circumstances acknowledged by the evidence, which were transferred to the person in an irregular manner on June 201, the date of the instant event, the Defendant was used in the instant passbook, etc.; and (c) the Defendant was investigated by the police; (d) the Defendant was given a loan to the person in an irregular manner at the time of the investigation; and (e) the Defendant did not obtain a loan from the Seoul District Prosecutor’s Office on September 28, 2011.

However, considering the fact that the head of a Tong, etc. was opened to obtain multiple loans in this case and was temporarily lent to the needy person, and thus it is difficult to believe such a change, at least the defendant at the time of the instant case shall be the head of the Tong, etc.

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