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(영문) 전주지방법원 2014.08.27 2014고정648

전자금융거래법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall lend any means of electronic financial transactions for consideration to any third person.

Nevertheless, around November 6, 2013, the defendant received a mobile phone text message that he would give five million won in return if he/she lends the passbook from a person who has no name, and then lent the cash card under the name of the defendant issued by the existing community credit cooperatives (Account Number: C) through Kwikset service to a person who has no name, while informing him/her of the card password.

Accordingly, the Defendant lent the cash card and the password necessary to use the cash card, which is the means of electronic financial transactions, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A report on investigation intelligence;

1. The application of Acts and subordinate statutes to the investigation report (with regard to the circumstances during which an investigation is conducted);

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

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

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