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(영문) 서울남부지방법원 2018.08.17 2017노1622
금융실명거래및비밀보장에관한법률위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) (hereinafter referred to as “the details of the instant financial transaction”), upon receiving all the litigation data from the J, Defendant A received, together with the details of the financial transaction of the UNC (hereinafter “CC”). The Defendants provided or divulged the said details of the financial transaction while filing a civil petition with the Sung-gun, while being aware that the said details of the financial transaction were submitted by the court’s order for submission.

Nevertheless, the court below rendered a not guilty verdict on the facts charged of this case. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

2. The lower court did not confirm whether the information pertaining to financial transaction was included in the “A statement (Evidence No. 650 pages) prepared by J” (Evidence No. 650 pages) as follows: “The files of the record of the trial that depends on Defendant A are sent to Defendant A, and the issues were identified related to patent technology.”

In other words, when sending the records of trial to Defendant A, the fact that “A was unaware of whether the details of the instant financial transaction were included” was stated in the court below; ② in the court below, the witness J sent the above records of trial to Defendant A by way of e-mail by the staff K of the office to obtain assistance from the UNC Patent Law; and the receipt of documents is not known that the records of the instant financial transaction were downloaded in any way due to ordinary female employees; and ③ Defendant A was unaware of the fact that the records of the instant financial transaction were included in the records of the download received; ③ Defendant A was sent all the records of the instant financial transaction in the Daejeon District Court case No. 100319, including the details of the instant financial transaction, by e-mail from J; and the above records of trial had been sent from the Daejeon District Court No. 2013 to 10319; and the contents included in the said records of trial were submitted as evidence between the parties.

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