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(영문) 대구지방법원 서부지원 2014.10.22 2014고정899
전자금융거래법위반
Text

Acquittal of the accused shall be acquitted.

Reasons

1. No person charged may transfer or acquire a means of access in using and managing the means of access;

Nevertheless, around September 12, 2013, the Defendant transferred the means of access to the names in the way of delivering Kwikset Service, cash cards, passwords, and cash cards, passwords, etc., which are the means of access to the CT Bank account (B) opened under the name of the Defendant, in the vicinity of the Jung-si, Seocheon-si, Gyeonggi-si, 201. The Defendant transferred the means of access to the names in the way of delivering Kwikset Service.

2. According to the records, the Defendant received a summary order of KRW 2,00,000 from the Daegu District Court Kimcheon Branch on August 27, 2014 to a fine for violation of the Electronic Financial Transactions Act, and confirmed on September 12, 2014, and the above summary order became final and conclusive on September 12, 2014. The facts of the crime are as follows: (a) on September 12, 2013, the Defendant transferred the passbook of a community credit cooperative (C) in the name of the Defendant and cash card connected to the account to Kwikkset branch; and (b) the Defendant transferred the passbook of a bank account, cash card, to the above bank account, along with the passbook of the above community credit cooperative, cash card, etc., as stated in the facts charged in the instant case.

According to the above facts of recognition, the crime of violating the Electronic Financial Transactions Act and the crime of violating the Electronic Financial Transactions Act, which was instituted in the instant case, are crimes of violating several electronic financial transactions by transferring several means of access in a lump sum (see, e.g., Supreme Court Decision 2009Do1530, Mar. 25, 2010) under Article 40 of the Criminal Act. Accordingly, the res judicata effect of the above summary order, which has been established, is not limited to the facts charged in the instant case, and thus, is acquitted pursuant to Article 326 subparagraph 1 of the Criminal Procedure Act.

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