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(영문) 대전지방법원 천안지원 2015.10.22 2015고정873
전자금융거래법위반
Text

The prosecution of this case is dismissed.

Reasons

1. On August 2014, the Defendant transferred the means of access used for electronic financial transactions, such as one bank account (C) passbook and e-mail card, under his/her name, to the needy person who would give three million won in return for the transfer of a passbook in front of the exit of 439 Man-gu, Songpa-gu, Songpa-gu, Seoul.

2. According to the records on the grounds of dismissing public prosecution, the Defendant was prosecuted on July 27, 2015 by a prosecutor of the astronomical Branch Office of Daejeon District Prosecutors' Office on the charge of violating the Electronic Financial Transactions Act, and the Daejeon District Court issued a summary order of KRW 3,000,000 on September 2, 2015, which issued a fine of KRW 2015 and KRW 5603 on September 2, 2015. Accordingly, the Defendant requested formal trial and recognized the fact that the trial is pending under the jurisdiction of the 2015 High Court.

However, in full view of the facts charged in the instant case, which was instituted on August 4, 2015, including the date and time of the crime, the counterpart to the transfer of the means of access, and the fact that the transferred means of access is the passbook of the same account number and the check card, it is evident that the same is identical to the facts charged for the crime of violating the said Electronic Financial Transactions

Thus, the prosecution of this case constitutes a case in which a public prosecution is instituted again, and the prosecution of this case is dismissed in accordance with Article 327 subparagraph 3 of the Criminal Procedure Act.

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