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(영문) 창원지방법원 2018.11.15 2018노688
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. In light of the legal principles, the Defendant: (a) obtained a transaction performance from a person whose name is unknown, and (b) heard that he would offer a loan by raising credit rating; and (c) temporarily cut off his physical card to a person whose name is unknown to obtain a loan; and (d) accordingly, the Defendant was using a accessible medium.

The lower court erred by misapprehending the legal doctrine on the interpretation of transfer of access media under the Electronic Financial Transactions Act, thereby adversely affecting the conclusion of the judgment.

B. The sentence of the lower court that is unfair in sentencing (an amount of five million won) is too unreasonable.

2. We examine ex officio the grounds for appeal by the defendant before determining ex officio.

In the first instance trial, the Prosecutor applied the provision of the law to the facts charged in the instant case to the previous applicable law, and alternatively, “Article 49(4)2 and Article 6(3)3 of the Electronic Financial Transactions Act” was applied for the modification of an indictment with the content of alternatively adding the facts charged to the following facts charged, and the Prosecutor found the Defendant guilty of the facts charged alternatively added after this Court permitted it, so the judgment of the court below is impossible to maintain.

3. Therefore, the court below's decision is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act, on the grounds of the above ex officio reversal, and without examining the grounds for appeal by the defendant as to the existing facts charged, it is again decided as follows through pleading.

Punishment of the crime

No person shall borrow or lend any access medium with the knowledge that such medium is to be used for a crime or to be used for such crime.

Nevertheless, the Defendant, on August 10, 2017, has a low credit rating from a person who is unable to know his name on August 10, 2017.

When sending a postal card, the results of false transactions shall be the same.

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