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(영문) 광주지방법원 2016.09.07 2016고정317
전자금융거래법위반
Text

Acquittal of the accused shall be acquitted.

Reasons

1. In using and managing the means of access in this case, no person may borrow or lend the means of access, or store, deliver or distribute the means of access, with a request or promise to receive compensation.

Nevertheless, on September 4, 2015, the Defendant: (a) opened a new cooperation account in the name of the Defendant in front of the NAFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF

As a result, the Defendant promised to pay, lent or delivered a physical card, which is a means of access.

2. According to the Defendant’s legal statement, a certified copy of a summary order, and reference materials submitted by the prosecutor on August 25, 2016, the Defendant issued a summary order of KRW 3 million from the Southern District Court Southern District Court Branch on January 29, 2016 to a fine of KRW 1 million on February 13, 2016 and the summary order became final and conclusive on February 13, 2016. The facts constituting the crime are as follows: “The Defendant would receive KRW 2 million per head of Tong-dong, Busan District Court on September 4, 2015, from the front side of the Busan District Court, the Defendant would receive KRW 2,00,000 per head of Tong-dong, Busan District Court, the head of Tong-dong bank account (Account Number B) in the name of the Defendant, Kwikset Bank service, and lent the password of the means of access to the said account.”

Since the facts charged in violation of the Electronic Financial Transactions Act and the facts charged in this case are identical to the basic social facts, the facts charged in this case constitute “when the final judgment was rendered,” and thus, acquittal is pronounced pursuant to Article 326 subparag. 1 of the Criminal Procedure Act.

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