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(영문) 대구지방법원 2014.05.09 2014고정491

전자금융거래법위반

Text

The prosecution of this case is dismissed.

Reasons

1. Around June 28, 2013, the Defendant: (a) transferred the means of access to the bank account in the name of the Defendant (E) and the passbook and the e-mail card in the name of the Defendant; and (b) assigned the said passbook and the e-mail ID and the password to F in the vicinity of the above e-mail on the same day by allowing D to transfer the said passbook, etc. from the above e-mail to F in the same day.

2. According to the records of the case No. 2014 high-level929, the Defendant was found to have been prosecuted for violating the Electronic Financial Transactions Act on November 14, 2013 by a prosecutor in charge of supporting the Sung-gu District Public Prosecutor’s Branch, and the case was proceeded with by this court 2014 high-level929. Meanwhile, the facts charged in the instant case, which was prosecuted on December 17, 2013, are clearly the same as those charged for violating the said 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.