beta
(영문) 서울중앙지방법원 2015.01.21 2014고정5195

전자금융거래법위반

Text

Defendant

A A shall be punished by a fine of one million won, and by a fine of two million won, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

No person shall transfer or take over a means of access or borrow a means of access in return for any reward or in return for any reward.

1. Around June 10, 2014, Defendant B received KRW 100,00 from the deceased and disabled in front of the Nam-gu Incheon Metropolitan City Man-dong apartment 133-dong, in return for lending the passbook, etc., Defendant B lent the passbook, debit card, and password to the deceased and disabled through Kwikset Service Articles.

2. On June 12, 2014, Defendant A received KRW 700,000 per week in return for the lending of passbook, etc. from an unqualified person in front of the Guro-gu Seoul Metropolitan Government street railroad station, and Defendant A lent the passbook, debit card, and password under the name of the Defendant through Kwikset Service Articles.

Summary of Evidence

1. Defendant A’s legal statement

1. The suspect interrogation protocol of Defendant B concerning the police officer

1. Statement to E by the police;

1. Report on investigation by the prosecution (Listening to B phone calls of the suspect);

1. Application of Acts and subordinate statutes to the details of deposits and withdrawal and certificates of deposit transactions;

1. Relevant Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 13069, Jan. 20, 2015) (amended by Act No. 13069, Jan. 20, 2015);

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

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