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The prosecution of this case is dismissed.
Reasons
1. No person charged with an offense shall transfer or acquire any access medium in using or managing the access medium;
Nevertheless, on January 9, 2016, the Defendant received books and telephones on the transfer of passbook from a person who has no name but to transfer cash cards on the condition that he/she receives KRW 3 million as a loan, and that he/she will transfer the same year.
1. On November, 11, the company issued a cash card connected to the CT Bank account (C) in the name of the defendant, to the home delivery officer who sent the above name in front of the defendant's house in Nam-gu, Gwangju, and notified the above person of the secret account number by telephone.
2. The following facts are significant in this Court:
(1) On May 17, 2016, a prosecutor filed an application for a summary order of KRW 4 million with the Defendant, and the public prosecutor’s office shall not transfer or take over access media in using and managing access media.
Nevertheless, on January 9, 2016, the Defendant decided to transfer cash cards by receiving mobile phone brochures from a person who was not the deceased person's name. On the 11st day of the same month, the Defendant issued Kwikset Service Articles who sent his name in front of the Defendant's home located in the Nam-gu Seoul metropolitan area with a cash card connected to the Defendant's name bank account (D) and continuously transferred the account password to the person who was not the deceased person by telephone.
“....”
② On the 31st of the same month, this Court issued a summary order upon the prosecutor’s request (see, e.g., Supreme Court Decision 2016 High Court Decision 5519), and the Defendant appealed against it and filed a request for formal trial on June 13, 2016.
Accordingly, from the formal trial (this Court 2016, 1019, 2019) commenced accordingly, a fine of KRW 4 million was sentenced to the defendant on August 12, 2016, and the above judgment became final and conclusive on the 20th of the same month.
The above facts constituting the crime and the facts charged of this case are identical to the transfer of the same account access medium, and the summary order of this case is above.