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(영문) 수원지방법원 2014.09.17 2014고정1864
전자금융거래법위반
Text

Acquittal of the accused shall be acquitted.

Reasons

1. No person charged of the instant case shall borrow or lend any bank passbook, card, and password, which is a means of access to a financial transaction request, such as the payment and transfer of deposits, to a financial institution, etc. in electronic financial transactions;

Nevertheless, on February 12, 2014, the Defendant agreed to receive 150,000 won for the daily use of the name-free person and the bank account per one account, and delivered the passbook of the post office (B) account and cash card to the above person via Kwikset service, thereby lending the means of electronic financial transactions.

2. Comprehensively taking account of the suspect interrogation protocol of the Defendant prepared by the judicial police officer and the statement in the summary order of the case No. 2014 high-ranking7913 of the Incheon District Court, the Defendant was issued and finalized a summary order on May 20, 2014 as a violation of the Electronic Financial Transactions Act. The criminal facts are that the Defendant opened the agricultural bank account in the name of the Defendant on February 12, 2014, and transferred the means of access by delivering the passbook, debit card to the person who was unaware of the name. The Defendant is recognized to have transferred the post office account and the passbook, etc. of the said No. 310 to the person who was unaware of the name at once.

However, the crime of violating the said Electronic Financial Transactions Act and the crime of violating the said Electronic Financial Transactions Act, which has been prosecuted in the instant case, is a mutually concurrent relationship provided for in Article 40 of the Criminal Act where a person commits several offenses by transferring a number of means of access at once.

Since the above summary order's effect extends to the facts charged in this case, the above facts charged in the above facts charged are subject to a final judgment, and thus, a judgment of acquittal is rendered pursuant to Article 326 subparagraph 1 of the Criminal Procedure Act.

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