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(영문) 서울남부지방법원 2015.05.12 2015고정922

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

No person shall transfer or take over any cash card or passbook attached with his/her belt, etc., which is the means of electronic financial transactions, or set a pledge, or lend or take over such means of access in return for any consideration, or arrange the lending or taking such means of access.

Nevertheless, around January 13, 2014, the Defendant opened a modern securities account (B) with the name of the Defendant at the 318 Mo-ro, Gwanak-gu, Seoul Special Metropolitan City, and transferred the passbook and the cash card linked thereto from the entrance of the said modern securities to C in a way of directly reporting to C.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Investigation report (as to the attachment of ctv materials);

1. Application of Acts and subordinate statutes on report of internal investigation (related Acts and subordinate statutes on the confirmation of points of opening accounts);

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;