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(영문) 광주지방법원 2016.12.22 2016고단4817

전자금융거래법위반

Text

Defendants shall be punished by a fine of KRW 1,500,000.

In the event that the Defendants did not pay the above fine, 100.

Reasons

Punishment of the crime

No person shall transfer or take over a cash card which is the means of electronic financial transactions and a password necessary for the use of the passbook with his/her belt, or transfer or take over a user number, etc. registered in a financial institution or an electronic financial institution, or lend or take over such means of access in return for consideration or lend or arrange such act, etc.

1. On June 30, 2016, around 15:00, Defendant A promised to receive KRW 500,000 as the consideration for the means of access from the Incheon Rodong Twindong, and provided cash cards connected to the Defendant’s name bank account (D) to lend the means of access.

2. At around 10:00 on July 1, 2016, Defendant B promised to receive KRW 300,000 as consideration for the loan of the means of access to the previous F G branch in Jinju, and provided cash cards connected to the Agricultural Cooperative (H) in the name of the Defendant, and lent the means of access.

Summary of Evidence

1. Defendants’ legal statement

1. Statement of the police officer to I;

1. Application of each transfer certificate Acts and subordinate statutes;

1. Relevant Article 49 (4) 2 of the Electronic Financial Transactions Act and Article 6 (3) 2 of the same Act concerning criminal facts (the selection of fines in consideration of the initial and reflectiveness of the defendants);

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

1. Article 334 (1) of the Criminal Procedure Act, each of the orders for provisional payment;