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(영문) 대전지방법원 서산지원 2015.04.17 2015고단23

전자금융거래법위반

Text

Acquittal of the accused shall be acquitted.

Reasons

1. No person charged may transfer the means of electronic financial transactions to any third person;

Nevertheless, around August 17, 2014, the Defendant received 200,000 won in return for the transfer of the cash card, etc. from a person who has no personal standing in front of the Seoul Mapo-gu Joint Office, and transferred the passbook, cash card, and password connected to the Dongyang Securities Account (Account Number: C) under the name of the Defendant to the person who has no personal standing.

2. According to the records, on March 12, 2015, the Defendant was sentenced to two years and six months of imprisonment for profit inducement in the Seosan Branch of the Daejeon District Court on March 12, 2015, and the judgment became final and conclusive on March 20, 2015. The criminal facts acknowledged in the judgment include the following: “The Defendant shall receive KRW 600,000 per week from the Gohap Station located in Mapo-gu, Seoul, and the Defendant shall receive KRW 600,000 per week from the Gohap Station around August 18, 2014, and the account number is the same. The confirmation was completed through a public trial. HMC investment securities passbook (Account Number D), the passbook of the post office (Account Number E), and each cash card and password connected to the said passbook, in the form of a means of access to a person under whose name the account is named.”

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