beta
(영문) 수원지방법원 2014.03.12 2013고단6020

전자금융거래법위반

Text

The prosecution of this case is dismissed.

Reasons

1. In using and managing a means of access used in electronic financial transactions, no person shall transfer or acquire any access medium, or arrange such transfer or acquisition, unless otherwise specifically provided for in any other Act;

On February 4, 2013, the Defendant issued the means of access to another person by using the head of the above post office account in the name of the Defendant, the e-mail card and password connected thereto, on condition that he received KRW 100,000,000 after opening an account (B) at Pyeongtaek-si Central Office, on condition that he received KRW 63,000.

2. According to the records of this case, the Defendant was prosecuted by a prosecutor of the Suwon District Prosecutors’ Office on July 31, 2013 against the crime of violating the Electronic Financial Transactions Act, and the case was proceeded with by the court under the jurisdiction of the court of this case. Meanwhile, the facts charged in this case, which was prosecuted on October 31, 2013, are clearly the same as those charged for the crime of violating the Electronic Financial Transactions Act.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 3 of the Criminal Procedure Act because it falls under the case in which the public prosecution is instituted again.