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(영문) 수원지방법원 성남지원 2015.10.07 2015고단1375

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

On September 2014, the Defendant: (a) expressed an advertisement that “to offer money in excess of the passbook” at an online site; and (b) heard from the transferee of the passbook to the effect that “the head of the passbook, cash card, is sold at the first month; and (c) would offer money if used additionally from the next month,” the Defendant was willing to transfer the passbook, cash card, etc. to the account under the name of the Defendant.

On September 5, 2014, around 10:53, the Defendant opened an account (Account Number B) in the name of the Defendant at a company bank in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Sungnam-si, and received a passbook and cash card for the said account. On September 5, 2014, the Defendant received passbook, cash card, security card, etc. from a person whose name cannot be known on the road near the diving Station located in Songpa-gu, Seoul, Songpa-gu, Seoul around September 1, 2014, and received KRW 30,000 as a consideration.

Accordingly, the Defendant transferred the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Transfer certificate;

1. Application of Acts and subordinate statutes on banking transactions;

1. Relevant Article of the Act on Criminal Facts, Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act, the choice of a fine (including the fact that the defendant is against himself/herself, the benefit from the crime is not significant, and the fact that the benefit from the crime is not significant) concerning the selection of a sentence;

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;