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(영문) 서울중앙지방법원 2015.05.22 2015고정1307

전자금융거래법위반

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person may lend a means of access in electronic financial transactions in return for any consideration.

Nevertheless, at around 19:00 on March 3, 2014, the Defendant accepted the proposal from the person under whose name the name the account was not opened to the Gangseo-gu Office, Gangseo-gu, Seoul, which stated that the Defendant would offer KRW 100,000 per account when lending the passbook and cash card, and then delivered the passbook (Account Number: B, C) 2 and the cash card related thereto to the person under whose name the Defendant was named, using Kwikset service.

Accordingly, the Defendant lent the means of access for electronic financial transactions at a price.

Summary of Evidence

1. Second police interrogation protocol against the accused;

1. Statement made to D by the police;

1. Application of the details of financial transactions and personal information statutes;

1. Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act concerning criminal facts (Amended by Act No. 13069, Jan. 20, 2015)

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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;