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(영문) 서울중앙지방법원 2019.06.20 2019노884
전자금융거래법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (one year, six months of imprisonment and confiscation) is too unreasonable.

2. Judgment ex officio as to aiding and abetting fraud among the facts constituting an offense at the time of original adjudication

A. The summary of the facts charged in this part of the charges states that the Defendant would offer 5,600 bills (one million won per single account) to a foreign employee retired from the Defendant, who had been in the custody of the passbook, physical check card, and security card of the former foreign employee, and that “the account holder will return the passbook to the account holder at the face of the week in which the contact would return the passbook to the account holder,” and that “the account holder will return the passbook to the account holder at the face of the week in which the contact would return the passbook to the account holder,” and that the passbook and physical check card connected to approximately 30 accounts, such as I’s bank account in the name of the company bank account (J) from G on October 15, 2018, around 18:00, the Defendant transferred the passbook and 100,000 won per each account to the account holder prior to the Bupyeong-gu, Incheon Metropolitan Government Bupyeong-gu, and transferred the passbook and the security card from 2018.1.201.

However, the Defendant did not know the personal information or contact address of the person without name, and was notified by G that he should not open the passbook, etc. to another person other than the account holder, so it was recognized that receiving and selling the passbook, check card, and security card connected to another person’s account is illegal and exceptional acts, and even if it was repeatedly transferred 10,000 won through three times, the Defendant was aware that the person without name was using the passbook received from the Defendant for fraud.

On October 22, 2018, a name-free person posted a letter stating that he/she sells Aphone 8 flus gads to K L and reported and contacted this fact to the victim M M who made the contact with K safe settlement.

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