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(영문) 서울중앙지방법원 2014.12.11 2014고정5215

전자금융거래법위반

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person may transfer or acquire the means of access in using and managing the means of electronic financial transactions.

On September 10, 2014, the Defendant: (a) received a written note from a person who was unaware of his/her name to the effect that he/she would grant KRW 6 million per month if he/she lends his/her account to a person who was unaware of his/her name; and (b) promised to receive KRW 6 million per month commission from the account holder; and (c) transferred two cash cards of the post office bank account (Account Number C) and the community credit cooperative account (Account Number: D) to a person who was unaware of his/her name using Kwikset’s service, and transferred the means of access for electronic financial transactions to notify the above account number and password by telephone.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. E’s written petition;

1. Financial Information Society - Community Credit Cooperatives (A), Financial Information Society - Application of Postal Service Acts and subordinate statutes

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

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;