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(영문) 창원지방법원 2016.09.08 2016노454
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The court below found the defendant not guilty on the ground that the defendant cannot be deemed to have transferred the means of access, which seems to be due to erroneous determination of the credibility of evidence and misapprehension of the legal principles that erroneously understand the concept of illegality and transfer.

Nevertheless, the lower court acquitted the Defendant of the facts charged, thereby adversely affecting the conclusion of the judgment.

2. The lower court found the Defendant not guilty of the instant facts charged, while sufficiently explaining the legal principles on the transfer of the means of access, each statement by police officers who investigated the Defendant and the Defendant, and the relevant facts charged.

Examining the evidence duly admitted and examined by the court below in light of the records, the part of the facts charged in this case, which was presented by the prosecutor, cannot be deemed to have been proven to the extent that there is no reasonable doubt as to the transfer of the means of access. Therefore, the court below acquitted the defendant of the above facts charged with the same purport.

3. If so, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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