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(영문) 인천지방법원 2014.09.26 2014고정2576
전자금융거래법위반
Text

Acquittal of the accused shall be acquitted.

Reasons

1. In using and managing the means of access, no person charged of this case may transfer the means of access unless otherwise specifically provided for in other Acts.

On September 23, 2013, the Defendant issued a passbook and e-mail card to the party who was named in the name of the Defendant, at his own residence located in Yangcheon-gu Seoul Metropolitan Government B apartment 930 Dong 502, and at the name of the Defendant.

2. According to the judgment of the Incheon District Court 2014 High Court 2014 High-Ma1233, and each of the records of the police interrogation protocol against the defendant in the above case, the defendant was sentenced to a fine of KRW 1,500,000 on May 2, 2014, and such judgment became final and conclusive around that time. The criminal facts of this case are that the defendant opened the post office account (D) in the name of the defendant around September 23, 2013, and the defendant transferred the means of access by delivering Kwikset Service delivery, which was found to have been found to have been the defendant's office, to Kwikset Service delivery, and the defendant can be recognized that the passbook, physical card, as stated in the facts charged of this case, was transferred to the above post office's passbook, e.g., passbook, and e., the above bank account.

According to the above facts, the crime of violating the Electronic Financial Transactions Act and the crime of violating the Electronic Financial Transactions Act, which was instituted in the instant case, are committed by transferring several means of access in a lump sum (see, e.g., Supreme Court Decision 2009Do1530, Mar. 25, 2010) under Article 40 of the Criminal Act. Accordingly, res judicata of the said judgment already established is not limited to the facts charged in the instant case. Accordingly, acquittal is rendered pursuant to Article 326 subparag. 1 of the Criminal Procedure Act.

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