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(영문) 대구지방법원 2020.11.13 2020노2745
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. Summary of grounds for appeal;

A. As to the violation of the Electronic Financial Transactions Act among the cases of erroneous determination of facts No. 2020, 1870, the Defendant only lost the instant cash card and did not transfer it to another person.

B. The sentence imposed by the lower court (two years and six months of imprisonment) is too unreasonable.

2. In full view of the following facts and circumstances acknowledged by the court below's duly admitted and investigated evidence, the defendant can sufficiently recognize the fact that the cash card in this case was transferred to another person.

Therefore, the judgment of the court below which found the defendant guilty of this part of the facts charged is just, and there is no error of mistake of facts as alleged by the defendant.

On November 19, 2019, the Defendant issued the instant cash card connected to the account while opening a P Account.

On November 20, 2019, around 09:09, the following day, the Defendant called a P Customer Center, and reported the loss of the card as “a female-friendly Gu sent a cash card to a female-friendly Gu, but lost the card.” On the same day, at around 15:00 on the same day, the Defendant visited Pusan Branch and requested the cancellation of the report on loss of the card.”

B. At around 17:53 on the same day after approximately 3 hours from the date of cancellation of the report on the loss, the amount of KRW 9.480,000 from the said P account was deposited.

C. The Defendant, who was holding the instant cash card from 18:57 to 19:03 on the same day, deposited part of the said money from an automatic cash withdrawal machine (ATM) via the said cash card to several times. On the same day, the Defendant attempted to withdraw 700,000 won again at around 19:04 on the same day, but did not go beyond the limit of one day, and then withdrawn most of the remaining money from an automatic cash withdrawal machine from November 21 to 08:29 on the next day.

2.3.

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