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(영문) 서울중앙지방법원 2015.12.17 2015고정3077

전자금융거래법위반

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Acquittal of the accused shall be acquitted.

Reasons

Except as otherwise provided for in other Acts, no person charged may transfer or request or promise any third party to receive, request or lend any means of access, and any third party to use or manage the means of access.

Nevertheless, around March 30, 2015, the Defendant sent the physical card of the new bank account (C) opened in the name of the principal on the condition that he receives five million won from the first floor of the Gangnam-gu Seoul building.

Accordingly, the Defendant promised to pay compensation and lent the means of access to others.

Judgment

In conclusion, according to the records of this case, the fact that the defendant transferred the check card as stated in the facts charged is stated in the summary order issued by the Busan District Court on March 30, 2015 that the defendant transferred the cash card to Kwikset Service (C) of the new bank account to Kwikset on March 30, 2015.

According to the records of this case, since the cash card (e.g., e., e., e., e., e., e., e., e., e., e., e., the e.

On August 18, 2015, the Busan District Court issued a summary order of KRW 1 million for an offense of violating the Electronic Financial Transactions Act at the Busan District Court on August 18, 2015, and on August 29, 2015, the said summary order became final and conclusive.

The final and conclusive summary order has the same effect as the final and conclusive judgment in accordance with Article 457 of the Criminal Procedure Act.

Thus, 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.