(영문) 울산지방법원 2015.01.09 2014노929 | 리걸엔진

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(영문) 울산지방법원 2015.01.09 2014노929

전자금융거래법위반

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The judgment of the court below is reversed.

Acquittal of the accused shall be acquitted.

Reasons

1. Although the defendant had already been punished for the same criminal facts, the court below found him guilty of the facts charged in this case. The court below erred by misunderstanding the facts or misunderstanding the legal principles, which affected the conclusion of the judgment.

2. Determination

A. The summary of the facts charged in the instant case is that “any person shall not transfer or take over the means of access issued by financial institutions or electronic financial business entities or establish a pledge. Nevertheless, the Defendant, following the bus stops located in Ebrate Dong-dong in Chungcheongnam-si in Busan-si in August 2013 and subsequent to the bus stops, the Defendant had the passbook of a national bank (C) and the cash card and password, which are the means of access, deliver to the person under whose name the means of access, the cash card and password, which are the means of access, deliver to the person under whose name the means of access.”

B. According to the records, on May 13, 2014, a summary order of KRW 300,000 was issued by the Ulsan District Court on the charge of violating the Electronic Financial Transactions Act, and on September 3, 2014, the above summary order became final and conclusive on September 3, 2014. The criminal facts acknowledged in the above summary order are that “any person shall not transfer the means of access to financial institutions. Nevertheless, the Defendant transferred the means of access to financial institutions by delivering the passbook of the national bank account (Account Number C) in the name of the Defendant and the cash card password to the non-indicted D on the roads near the Matsan store located in Yangsan-dong and Yangsan-dong.”

C. Therefore, the facts charged of this case against the defendant are already included in the facts of the crime for which judgment has become final and conclusive, and thus, the defendant must be acquitted pursuant to Article 326 subparagraph 1 of the Criminal Procedure Act, and the judgment of the court below that found the defendant guilty is unlawful.

3. In conclusion, the prosecutor's appeal is justified.

참조조문

-전자금융거래법

-형사소송법 제326조 제1호

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