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Acquittal of the accused shall be acquitted.
Reasons
1. No person who is the summary of the facts charged shall lend a means of access used for electronic financial transactions while demanding or promising the payment;
Nevertheless, around January 25, 2018, the Defendant received a proposal from a person who was unaware of his/her name to lend an account to be used for the reduction or exemption of alcoholic beverages for three days, and accepted it. On January 27, 2018, the Defendant lent the means of access of the financial institution under the name of the Defendant to Kwikset Service Articles who sent a person who was unaware of his/her name in front of B during the Ansan-si period, to the company bank (C) in the name of the Defendant.
2. Determination
A. Article 40 of the Criminal Act provides that the res judicata effect of a final and conclusive judgment on one of the crimes shall also extend to other crimes (see, e.g., Supreme Court Decision 2010Do13801, Feb. 24, 2011). Article 6 (3) of the former Electronic Financial Transactions Act (amended by Act No. 9325, Dec. 31, 2008) provides that "No access medium shall be transferred, taken over, or pledged unless otherwise provided for in any other Act." Article 49 (5) 1 of the same Act provides that "the person who has acquired, taken, or pledged the means of access in violation of Article 6 (3) shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10,000 won. However, the crime of transfer of the means of access provided for in the above Act is established only once, and the act of transfer of all of the means of access constitutes a single act and constitutes a concurrent relationship between each other and several crimes.
(See Supreme Court Decision 2009Do1530 Decided March 25, 2010, etc.). B.
On May 11, 2018, the Defendant received a summary order of KRW 2 million due to an offense of violating the Electronic Financial Transactions Act from the Suwon District Court’s Ansan Branch on the part of May 11, 2018, and such summary order became final and conclusive on June 22, 2018, and facts constituting the offense.