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(영문) 서울중앙지방법원 2016.11.29 2016고정3218

전자금융거래법위반

Text

Acquittal of the accused shall be acquitted.

Reasons

1. In using and managing the means of access, no person who has the gist of the facts charged may commit any act of lending the means of access with promise of compensation unless otherwise specifically provided for in other Acts;

Nevertheless, around April 21, 2016, the Defendant borrowed an account to use the means of access, such as a 300,000 won, first, and 8 million won per account after 10 days from receipt of the account, and then sent the means of access, such as passbook (B) and check card, connected to the account of the Defendant’s name bank (B) and the account of our bank, to Kwikset service, and then sent 300,000 won in return for the money. On April 22, 2016, the Defendant sent the means of access, such as passbook and check card, connected to the account of Han Bank around April 22, 2016, through Kwikset service.

Accordingly, the Defendant loaned the means of access used in electronic financial transactions in return for receiving or promising to receive compensation.

2. According to the evidence duly adopted and examined by this court, it is recognized that the defendant was issued a summary order issued on August 2, 2016 by the Seoul Central District Court Decision 2015Da15497 as to the facts charged of this case and confirmed as it is.

Therefore, the facts charged in this case constitute a final judgment, and thus, the defendant is acquitted pursuant to Article 326 subparagraph 1 of the Criminal Procedure Act.