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(영문) 인천지방법원 부천지원 2015.06.26 2015고정340

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

In using and managing the means of access, no one shall transfer the means of access unless otherwise specifically provided for in other Acts.

Nevertheless, around October 13, 2014, the Defendant transferred the passbook and debit card connected to the foreign exchange bank account (D) in the name of the Defendant to the non-person under the name of Kwikset Service.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. E statements;

1. Investigation report (Attachment of the same type of power non-prosecution);

1. The following facts are asserted: (a) the deposit certificate and the details of the receipt (the defendant merely entrusts the name-free person with the passbook during the loan process; (b) the defendant lawfully adopted and examined the above evidence: (c) the defendant was aware that the crime of transferring the check card on December 4, 2013 was subject to criminal punishment in the event of transfer of the means of access, such as passbook, during the loan process of this case; (d) the defendant also stated in the prosecutor's investigation that "the defendant was suspected of not operating the illegal gambling site, other than the lending company; (c) the defendant issued both the passbook and the debit card to the name-free person without any verification procedure and notified the password; and (d) the time or method for returning the passbook and the debit card again from the name-free person; and (e) the fact that the defendant transferred the means of access to the name-free person can be fully recognized in full view of such circumstances."

1. Article 49(4)1 and Article 6(3)1 of the former Electronic Financial Transactions Act (amended by Act No. 13069, Jan. 20, 2015); the choice of fines for criminal facts;

1. Article 70(1) of the Criminal Act for the detention of a workhouse.