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(영문) 창원지방법원 통영지원 2015.04.20 2014고정343

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Criminal facts

No person shall transfer or lend any electronic card or similar electronic information, or a password necessary for the use of such card or information, or lend it for consideration.

Nevertheless, around March 4, 2011, the Defendant sent a passbook, physical card, and security card under the name of the Defendant to a person who is not in the name of the Defendant at a bus terminal located in Pyeongtaek-si, Pyeongtaek-si, and borrowed it, and received a lump sum amount of KRW 100,000 and KRW 50,000 per day under the name of the user fee.

In addition, around March 10, 201, the Defendant sent and lent a passbook, check card, and security card in the name of Busan Bank account in the name of the Defendant at the above location, and received a lump sum amount of KRW 100,000 and KRW 50,000 per day under the name of the user fee.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to D, E, F, G, H, I, and J;

1. Application of Acts and subordinate statutes to each investigation report and seizure records;

1. Relevant Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense; selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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;