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(영문) 부산지방법원 동부지원 2016.09.06 2016고정711 (1)
전자금융거래법위반
Text

Acquittal of the Defendant

Reasons

1. No person who is the summary of the facts charged of this case may transfer or acquire a means of access necessary for electronic financial transactions.

B around April 11, 2015, the Defendant and C connected with a person who was unable to receive money from the telephone finance fraud team, and the Defendant and C sent the physical card and password, which is the means of access to the Busan Bank (D) in the name of the Defendant at the Busan Shipping Daegu Bus Terminal, Busan at the time and time.

Accordingly, the Defendant, in collusion with B and C, transferred the means of access necessary for electronic financial transactions.

2. According to the records, it is evident that the Defendant was sentenced to a fine of KRW 2,00,000 on July 18, 2015 from the Suwon District Court’s Ansan Branch on the above facts to a crime of violating the Electronic Financial Transactions Act, and that the judgment became final and conclusive on July 18, 2015.

Thus, the facts charged in this case constitute a final judgment, and thus, the defendant is acquitted pursuant to Article 326 subparagraph 1 of the Criminal Procedure Act.

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