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(영문) 대전지방법원 2014.04.16 2014고단776

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

No person shall transfer any means of access in the use and management thereof.

Nevertheless, on November 2013, 2013, the Defendant received a proposal to “to lend KRW 10 million to a person who sent a passbook and cash card” from a person with no name to a police officer.

The Defendant had previously sent a passbook and cash card in order to obtain a loan by means of such a prior lending, and had experience in not only receiving a loan but also receiving a refund of the passbook and cash card, so it may not be returned even after sending the passbook and cash card to the above-mentioned persons. However, on November 13, 2013, the Defendant opened a new cooperation account (C) in the name of the Defendant in the Si/Gu, Geumsan-gun, Geumsan-gun. On November 14, 2013, the Defendant transferred the passbook and cash card of the said account by sending it to the person who was not paid the name.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on financial transaction information (credit A account);

1. Relevant Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning facts constituting an offense;

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.