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(영문) 서울북부지방법원 2014.10.28 2014고정2200

전자금융거래법위반

Text

Defendants shall be punished by a fine of KRW 1,200,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

No one shall transfer any means of access unless otherwise specifically provided for in other Acts in using and managing the means of access.

1. On November 1, 2013, Defendant A: (a) heard that if the head of the Tong and the card are sent from the person in distress of his name in the location of Guro-gu Seoul Metropolitan Government, Defendant would deposit the amount of money from KRW 1.2 million to KRW 1.6 million per month; and (b) delivered the means of access by using Kwikset’s passbook and physical card under the name of the Defendant, the means of access via Kwikset’s service.

2. At around 11:00 on October 31, 2013, Defendant B heard the remarks of the winners who want to give a passbook of 70,000 won per day on the roads front of modern marine fire that are located in Gangseo-gu Seoul, Gangnam-gu, Seoul, and issued a post office account E in the name of the means of access and cash card to the bearer and assigned the means of access via Kwikset’s service.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning F;

1. Deposit sheet without passbook;

1. A list of transactions;

1. Domestic investigation report - Confirmation of the transferee of the passbook B, etc.;

1. Application of the statutes on warrant of search, seizure and verification;

1. Article 49(4)1 of the Electronic Financial Transactions Act and Article 6(3)1 of the same Act and Article 6(3)1 of the same Act concerning the Defendants’ choice of criminal facts and punishment

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.