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(영문) 인천지방법원 2013.04.26 2013고정440

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

Although the Defendant is not allowed to lend the means of electronic financial transaction for consideration, on September 10, 2012, “1.50,000 won will be paid to one account per week in which the account is created,” from the person who has no name, around September 10, 2012. The Defendant received a proposal and immediately opened a national bank account in his/her name at the Ro-dong Office of the National Bank in Yeonsu-gu Incheon, Yeonsu-gu, Incheon, at the 284-3 location, and sent and lent the passbook to the person who has not received the above account through the Kwikkset Delivery Board, and then lent KRW 1.50,00 won to the national bank (C) in his/her name on the following day, and received money from the new bank account (D) established in his/her own name on the same method as the passbook and received money in return for that purpose from the bank account in his/her name.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Response to financial transaction information;

1. Application of Acts and subordinate statutes concerning details of transactions and liquidity of new banks;

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

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

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.