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(영문) 인천지방법원 2014.04.11 2014고정561

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

[2014 fixed-term 561] No person shall transfer or acquire a means of access.

Nevertheless, around July 2012, the Defendant sold a passbook of foreign exchange bank account (Account Number C) opened in the name of the Defendant at the Defendant’s home located in Gyeyang-gu Incheon Gyeyang-gu, through Kwikset Service, and received the means of access by KRW 100,000,000.

[2014 fixed-term 574] No person shall transfer or acquire a means of access.

Nevertheless, around September 7, 2011, the Defendant sold the means of access through Kwikset Service to a person who is not aware of the passbook, physical card, password, etc., opened in the name of the Defendant in front of the Defendant’s office in Gyeyang-gu Incheon, and the passbook, bank account (Account Number D) and our bank account (Account Number E) and received KRW 200,000 from the Defendant’s office.

Summary of Evidence

[2014 High Court Decision 561]

1. Defendant's legal statement;

1. Each statement of F, G, H, I, J, K, L, M, N,O, and P;

1. Each written financial transaction information [2014 high-level 574];

1. Defendant's legal statement;

1. Statement made by the police to Q Q;

1. AR statement;

1. Application of the respective certificate of deposit in Acts and subordinate statutes;

1. Relevant Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act and the choice of fines for criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 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.