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(영문) 서울중앙지방법원 2016.11.22 2016고정3155
전자금융거래법위반
Text

Acquittal of the accused shall be acquitted.

Reasons

Punishment of the crime

Except as otherwise provided for in Acts and subordinate statutes, no one shall lend any means of access necessary for electronic financial transactions in return for any consideration.

Nevertheless, on August 7, 2014, the Defendant accepted the proposal that “The Defendant would pay the user fee of KRW 2 million per month on the face of lending the passbook” from a person who has no personal name, and on the same day, lent the means of access for the purpose of delivering the post office passbook (Account Number B), check-up card, and password in front of the Incheon B Dong Office, Dong Office, Incheon on the same day through Kwikset service.

2. According to the records of this case, the Defendant was sentenced to a fine of two million won on October 28, 2016 by the Incheon District Court for a violation of the Electronic Financial Transactions Act (Seoul District Court Decision 2016 High Court Decision 2566), and the judgment became final and conclusive on November 5, 2016.

Thus, the facts charged in this case constitute 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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