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(영문) 수원지방법원 2018.07.17 2018노1135
금융실명거래및비밀보장에관한법률위반
Text

The judgment of the court below is reversed.

The sentence of punishment shall be suspended against the Defendants.

Reasons

1. The summary of the grounds for appeal is that the Defendants received the instant financial transaction information by the order of the court in the lawsuit claiming the return of the common construction cost brought against F. The remaining members of the E-Council except the Defendants are not parties to the said lawsuit, and thus, constitutes “other party” whose provision of information is prohibited.

2. The prosecutor of the judgment of the court below, while maintaining the previous facts charged which the court below acquitted, applied for the amendment of a bill of amendment to indictment with the contents of selective addition of the facts charged, such as “the facts charged,” and this court permitted this and changed the subject matter of the judgment. Thus, the judgment of the court below cannot be maintained any more.

3. The judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed, and it is again decided after pleading as follows (Provided, That as seen below, as long as the court found the defendant guilty of selectively changed facts charged, the grounds for appeal by the prosecutor against the existing facts charged and the prosecutor against the facts charged shall not be determined separately). The facts constituting the crime of the judgment re-written by the court below are the members of the E Management Normalization Promotion Committee consisting of some of the persons with limited rights from around May 28, 2005 to April 30, 2015, and the F is the chairperson of the E-member Council consisting of some of the persons with limited rights to participate in the E division from around May 28, 2005 to April 30, 2015.

No person who becomes aware of information or data concerning the details of financial transactions by an order to submit a report issued by a court or by a warrant issued by a judge shall provide or divulge any transaction information, etc. known to him/her to another person or use it for purposes other

On May 30, 2016, the Defendants are the National Bank in the name of the E-member Council in the case panel returning the balance of common construction cost between Plaintiffs A and B, and Defendant F, of Suwon District Court No. 2016Na51740, May 30, 201.

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