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(영문) 의정부지방법원 2015.07.06 2015고정1251

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a company member.

1. No person shall transfer, acquire or pledge any means of access for electronic financial transactions;

Nevertheless, around October 23, 2013, the Defendant directly opened a deposit passbook, password, and cash card connected to the account under the name of the Defendant to Samsungdong-gu, Gangnam-gu, Seoul, and transferred the means of access to electronic financial transactions by receiving KRW 5 million in return for the said account.

2. No person shall transfer, acquire or pledge any means of access for electronic financial transactions;

Nevertheless, around October 30, 2013, the Defendant directly opened a deposit passbook, password, and cash card connected to the said account under the name of the Defendant to the said B at the same place as the above Paragraph (1). Around that time, the Defendant received 6 million won in return for the said account and transferred the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Details of account transactions of community credit cooperatives under A;

1. Application of each police protocol of statement to E and F;

1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act (Selection of Fine) concerning the selection of punishment;

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

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;