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(영문) 서울남부지방법원 2015.01.23 2014고정3463

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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 electronic card used to issue a transaction request or to secure the authenticity and accuracy of the details of the transaction with users and any other persons shall be allowed to lend the means of access, such as a identification card and password necessary to use such information.

Nevertheless, the Defendant did not verify the specific personal information, office location, etc. of the underpaid persons, and without determining the specific time, place, and method of receiving the cash card from the underpaid persons, and leased the means of access to the cash card linked to the account of the under his/her name-based community credit cooperatives through Kwikset service at the office of Mapo-gu Seoul, Mapo-gu, Seoul, around 14:00 on July 9, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes concerning details of transactions by account and application for deposit transactions;

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