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(영문) 부산지방법원 동부지원 2016.01.18 2015고정1383

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

No person shall lend or lend any access medium, or keep, deliver or distribute any access medium with the knowledge that it is intended to use it for a crime or to be used for such crime in giving instructions in electronic financial transactions or using or managing any means or information (referring to any access medium) used to secure the authenticity and accuracy of users and the details of such transactions.

On April 27, 2010, the Defendant transferred a debit card, etc. on his agricultural bank account (B) and the national bank account (C) to a person who has no name, but has been suspended from indictment on July 29, 2010 by the Jeju District Public Prosecutor's Office as a violation of the Electronic Financial Transaction Act.

Therefore, the Defendant knew that it will be used to commit a crime by leasing to a person demanding access media, but on February 27, 2015, the Defendant sent the check card of one bank account (E) in Seongdong-gu, Seongbuk-gu, Sungnam-gu, Sung-gu, Sung-gu, Pwikseter through Kwikseter service articles.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement made to the F prepared by the police;

1. Entry into an investigation report (in cases of a decision on non-prosecution, etc. attached) prepared by the prosecution;

1. Application of each of the Acts and subordinate statutes stated in each certificate of transfer confirmation (Evidence No. 13-15 pages);

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 3 (excluding punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;