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(영문) 청주지방법원 2015.10.15 2015고정747
전자금융거래법위반
Text

Acquittal of the accused shall be acquitted.

Reasons

1. Unless otherwise specifically provided for in other Acts, no person charged may transfer a passbook, cash card, etc., which is an access medium necessary for electronic financial transactions, but Defendant A sent the passbook, bank account (B) and check card under the name of the Defendant to Kwikset Service Articles in front of the Makset-dong University of Yancheon-si, Mancheon-si, Mancheon-si, Mancheon-si, Makset-si, and immediately notify the account password.

Accordingly, the Defendant transferred the passbook, physical card and password, which are the means of access to electronic financial transactions, to another person.

2. According to the records of the instant case, the Defendant was notified of a fine of KRW 2 million with the summary order on August 25, 2015, which was issued on August 2015, 2015, and on September 9, 2015, the said summary order became final and conclusive on the same criminal facts as the instant facts charged.

When a summary order becomes final and conclusive, it has the same effect as a final and conclusive judgment (Article 457 of the Criminal Procedure Act). If so, the facts charged in this case constitute a final and conclusive judgment, and thus, acquittal of the defendant is pronounced in accordance with Article 326

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