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(영문) 부산지방법원 2016.11.04 2016고정2289

전자금융거래법위반

Text

Defendants shall be punished by a fine of two million won.

In the event that the Defendants did not pay a fine, only 100,000 won.

Reasons

Punishment of the crime

No person shall, in using and managing a means of access, borrow or lend the means of access, or keep, deliver or distribute the means of access, in receiving, demanding or promising any compensation therefor.

1. On February 2, 2016, Defendant A transferred a physical card connected to a post office account opened in the name of the Defendant to a home officer and lent the means of access, in return for receiving 10% of alcoholic beverage sales from a person whose name is unknown, in front of the senior welfare center for the elderly who is located in the Don-dong, Busan, Don-dong.

2. At around 17:00 on February 15, 2016, Defendant B transferred a bank account, each passbook of credit union account, and each physical check card connected thereto, which were opened in the name of the Defendant in return for the receipt of KRW 1.4 million per day from a person who is unable to know the name “D” at the center of Busan-gu, Busan-do, but leased a means of access by informing a home officer of the number of pages and the password.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement concerning E and F;

1. Results of inquiries into details of each financial transaction;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Defendant A of the pertinent Act on criminal facts: Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act; Defendant B: Articles 49(4)2 and 6(3)2 of the respective Electronic Financial Transactions Act;

1. Defendant B of the ordinary concurrence: Articles 40 and 50 of the Criminal Act;

1. Defendants who choose punishment: Fines for negligence

1. Defendants of detention 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