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(영문) 대구지방법원 2019.01.31 2018노2911
전자금융거래법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor of mistake of facts and misapprehension of legal principles, there is reinforced evidence as to the violation of the Electronic Financial Transactions Act due to the transfer of one cash card linked to the P bank account and one cash card linked to the R bank account among the facts charged, so this part of the facts charged can also be found guilty.

B. The sentencing of the lower court on the grounds that the sentencing of an unreasonable sentencing (a fine of three million won) is too unjustifiable and unfair.

2. Judgment on misconception of facts and misapprehension of legal principles

A. A. Around September 25, 2017, the summary of this part of the facts charged was urged by the Defendant to the Defendant’s residence, and the Defendant sent a physical card from his name-free account to the effect that he would offer KRW 5 million per account when he sent the physical card. Around September 25, 2017, the Defendant sent two copies of the cash card, including one cash card connected with the Defendant’s Pbank account (S) and one cash card, linked to the Defendant’s Rbank account (S) to Kwikset Service.

B. The lower court acquitted the Defendant on the ground that there is no reinforced evidence on this part of the facts charged.

C. The judgment of this court 1) When the confessions of the defendant are the only evidence against the defendant, it shall not be admitted as evidence of guilt (Article 310 of the Criminal Procedure Act). Even if the whole or essential part of the crime is not recognized, it is sufficient if it can be recognized that the confessions of the defendant are true, not the processed evidence, but the confessions of the defendant can be used as indirect evidence or circumstantial evidence. Further, if the confessions and corroborative evidence are mutually recorded, and criminal facts can be acknowledged as a whole as evidence of guilt, it is sufficient to establish evidence of guilt (see, e.g., Supreme Court Decisions 2008Do2343, May 29, 2008; 2010Do1272, Dec. 23, 2010) and evidence of the court below conducted by the investigation agency from the court below to the account of the court below.

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