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(영문) 대구지방법원 김천지원 2014.02.11 2014고정26

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No person shall issue a transaction request in electronic financial transactions or lend any means of access used to secure the authenticity and accuracy of users and the details of such transaction in return for consideration.

Nevertheless, the Defendant, around July 8, 2013, received the proposal that “1.5 million won may be punished,” from a person whose name cannot be known by phone call at the Internet website bulletin board,” and accepted the proposal that “If only one month is to be used as a stock futures option account, it shall be paid KRW 300,000 on a short-term five day, 150,000 on a long-term twenty five-five days, and 1,50,000 won on a long-term twenty-five-five-five-five-five-five-five-five-five-five-five-five-five-five (265-28),” opened an account of a community credit cooperative (Account No. B) at a community credit cooperative at the Corporation’s Saemaul Bank at the Dong-si, 264-8, around the 15th of the same month, the Defendant opened an electronic bank account at the 264-8 point of Korea Bank (C: the account number) and the Defendant’s account number at each of the above new bus account at the same time: three (200-one-one-one-one (3).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement of F and G;

1. Application of Acts and subordinate statutes to investigation reports (A New Bank Account Confirmation);

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense (a point of lending access media);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of a selective fine for punishment (including all circumstances, such as the fact that there was a history of punishment for the same kind of crime and the use of the tool for other crimes);

1. Articles 70 and 69 of the Criminal Act for the confinement of a workhouse.