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(영문) 인천지방법원 2016.05.20 2016고단2033

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

Except as otherwise provided for in any other Act, no person shall transfer any access medium used for electronic financial transactions in using and managing access medium.

On April 1, 2014, the Defendant received a proposal from a person whose name is unknown, to the effect that he/she will lend a passbook of KRW 3 million from a person who is unable to know his/her name. At the time, the Defendant issued a passbook of a post office account in the name of the Defendant and a cash card in the name of the Defendant to a person whose name is not known through a male-child job offering D, and transferred the access media to notify the password.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to F;

1. Application of statutes on financial transaction details;

1. Relevant legal provisions and Articles 49(4) and 6(3)1 of the former Electronic Financial Transactions Act (amended by Act No. 13069, Jan. 20, 2015) regarding criminal facts (see, e.g., Supreme Court Decision 2009Da13069, Jan. 20, 2015)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;