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(영문) 수원지방법원 평택지원 2017.05.19 2016고단2633

전자금융거래법위반

Text

Acquittal of the accused shall be acquitted.

Reasons

1. On August 16, 2016, the summary of the facts charged: (a) the Defendant listened to the speech that “on the front day of the office of the Defendant of Pyeongtaek-si B, it would give 200 to 3 million won per month if sending the physical card, etc.”; and (b) transferred the access media by putting the physical card connected to the one bank account (Account Number C) opened in the name of the Defendant and Kwikset through Kwikset’s service.

2. According to the records of the instant case, the Defendant issued a summary order of KRW 3 million in the case of violation of the Electronic Financial Transactions Act (No. 974), which was issued on February 17, 2017, which was KRW 201,00,000,000,000, which was KRW 3 million, to the Defendant. The facts that the said summary order became final and conclusive on March 3, 2017, and the facts charged in the instant case are the same as the facts charged.

If so, the facts charged in this case constitute a final judgment and thus, a judgment of acquittal is rendered pursuant to Article 326 subparagraph 1 of the Criminal Procedure Act.