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(영문) 청주지방법원 충주지원 2015.02.17 2014고정216

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

Around February 10, 2014, the Defendant: (a) received a proposal from an unqualified person to “1 million won if he/she lends his/her passbook” through a mobile phone text message; (b) sent the agricultural bank account (C) passbook, passbook, card, etc. in the name of the wife B at the Dac-si bus terminal located in the Chungcheong City, on February 16, 2014, to an unqualified person; and (c) notified the phone number by telephone. < Amended by Presidential Decree No. 25148, Feb. 16, 2014>

As such, the Defendant promised to receive compensation and lent the means of access in electronic financial transactions to others.

【2014 high-level 255】 The Defendant received a proposal from a person in unsound name to “to provide KRW 2 million per month, per week, and KRW 400,000 per week,” and sent each passbook, card, and password, etc. to the Defendant’s name-free account in front of Samyang-gu Co., Ltd., Ltd., in the name-free on February 11, 2014, at around 16:00, using Kwikset services to the name-free account in the name of the Defendant, the Defendant’s post office account (D), the Defendant’s name-free account (F), the agricultural bank account (G), and the agricultural bank account (H).

As such, the Defendant transferred the means of access in electronic financial transactions to another person.

Summary of Evidence

【2014 fixed-term216】

1. Defendant's legal statement;

1. Financial transaction information reply (No. 4) 【2014 high-level 255】

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes of the internal investigation report (No. 4) and investigation report (No. 8)

1. Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 13069, Jan. 20, 2015); Articles 49(4)1 and 6(3)1 of the said Act concerning criminal facts (the transfer of means of access)

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

1. Selection of each alternative fine for punishment;

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

1. Article 70(1) of the Criminal Act for the detention of a workhouse.