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(영문) 서울동부지방법원 2015.10.13 2015고정1448

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

Except as otherwise provided for in any other Act, no one shall lend a means of access used in electronic financial transactions while receiving, demanding or promising any consideration.

Nevertheless, on April 24, 2015, the Defendant reported the Internet advertisement giving money to the Defendant if he/she lends the passbook, and consented to the proposal that “I lend the passbook to Kwikset service, 1.5 million won shall be given to 1.5 million won per month if I lend it to Kwikset service.” On the front of the exit of Seongdong-gu Seoul Seongdongdong 2, Sungdong-gu, Seoul, through Kwikset Service Articles, lent the means of access to financial institutions by way of delivering each passbook, check card, and password to the new bank account (B), the Nonghyup Bank account (C) in the name of the Defendant through Kwikset Service’s article.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. A certificate of deposit, details of transfer, and data on Kakao dialogue;

1. Response (A's application, etc. for opening a new bank account);

1. Investigation reports ( telephone communications at the location of transmitting the account);

1. Application of Acts and subordinate statutes to investigation reports (attached to the application for the NongHyup Account);

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts;

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;