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(영문) 대전지방법원 천안지원 2014.03.28 2014고정82
전자금융거래법위반
Text

Acquittal of the Defendant

Reasons

1. No person who is a summary of the facts charged shall transfer or acquire the account number and passwords, cash cards or passwords, etc. necessary for using the means of access in electronic financial transactions;

Nevertheless, on June 2013, the Defendant sent the means of access to electronic financial transactions by sending Kwiksetline’s name account passbook (B) and cash card to Kwikseter with the password.

2. Comprehensively taking account of the suspect interrogation protocol of the Defendant prepared by the judicial police officer and the statement in the summary order of the Seoul Central District Court case No. 2013 High Court Decision No. 27294, Nov. 8, 2013, the Defendant was issued a summary order on the charge of violating the Electronic Financial Transactions Act. The criminal facts are acknowledged that the Defendant opened the post office account in the name of the Defendant on Jun. 19, 2013, and transferred the means of access by sending the above account passbook, debit card to the bearer via Kwikkset Service, and that the Defendant transferred the above post office account and the passbook, etc. of the agricultural bank account of this case to the bearer of name.

However, the crime of violating the above Electronic Financial Transactions Act and the crime of violating the said Electronic Financial Transactions Act, which has been prosecuted in the instant case, is a commercial concurrence relationship provided for in Article 40 of the Criminal Act where a person commits several offenses by transferring a number of means of access at once.

Since the above summary order's effect extends to the facts charged in this case, the above facts charged in the above facts charged are subject to 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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