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(영문) 대전지방법원 천안지원 2014.07.18 2014고정364

전자금융거래법위반

Text

Acquittal of the Defendant

Reasons

1. The summary of the facts charged shall not transfer the cash card which is the means of electronic financial transactions and the password necessary for using such card, or the user numbers registered with financial institutions or electronic financial institutions;

Nevertheless, the Defendant, upon receiving the text message “1,40,000 won per day of the account passbook lease”, proposed that he will pay KRW 70,000 per day to a person with no personal name if he sent it by creating and sending a post office and agricultural cooperative account from a person with no personal name. On August 29, 2013, the Defendant transferred the means of access to the public account under the name of the Defendant to a person with no personal name via a person with no personal name, the passbook, physical card, security card, and password of the account under the name of the Defendant and the post office account under the name of the Defendant.

2. According to the summary order of the Suwon District Court 2013 Gonam Branch, which was bound with the defendant's legal statement and records, and the summary order of the case, the defendant was sentenced to a fine of KRW 700,000 on July 2, 2014, and the judgment became final and conclusive on July 10, 2014. Thus, the above facts charged constitute a final and conclusive judgment, and thus, the defendant is acquitted pursuant to Article 326 subparagraph 1 of the Criminal Procedure Act.