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Acquittal of the accused shall be acquitted.
Reasons
1. No person charged may lend a means of access, unless otherwise specifically provided for in any other Act, while using and managing the means of electronic financial transactions;
On February 7, 2017, the Defendant promised to pay for the lending of the account from the person under whose name was in the name of the first instance in the Seocho-si, Changwon-si, to return the check card connected to the post office account (Account Number: D) used by the Defendant to Kwikset service and lent it.
2. According to the judgment of the defendant (original District Court Decision 2017 High Court Decision 2928, 3199 (Joint)), a copy of the judgment of the defendant, a criminal investigation report (report attached to A), a criminal investigation report (IP transfer confirmation), and a police interrogation protocol of the defendant as to the above facts, etc., the defendant is found to have been sentenced to a suspended sentence of one year of imprisonment with prison labor for violating the Electronic Financial Transactions Act at the Changwon District Court on November 8, 2017, and the fact that the above judgment was finalized on November 16, 2017 is significant in this court.
(The facts charged in the instant case are indicated as “the time when the Defendant lent the physical card to February 7, 2017.” However, according to each of the above evidence, the Defendant lent the said physical card once to the Defendant, and the time when the Defendant first contacted with the above person under whose name the Defendant was not the first contact is around February 7, 2017, but it is recognized that the time when the above physical card was issued to Kwikset Service was on February 8, 2017, and thus, “the time when the above physical card was issued to Kwikkset Service” is deemed to be a clerical error in writing. Thus, since the facts charged in the instant case constitutes a final judgment, the Defendant is acquitted pursuant to Article 326 subparagraph 1 of the Criminal Procedure Act.