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(영문) 서울북부지방법원 2015.11.13 2015고정2355
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

In using and managing a means of access, such as cash cards, no one may transfer or lend any means of access to another person or promise to provide compensation, unless otherwise expressly provided for in any other Act.

On January 21, 2015, the Defendant heard the phrase “a bank or card is lent KRW 4 million to one month, and KRW 8 million to two months,” from a person who misrepresented himself/herself as a new financial staff, and around January 22, 2015, at the Defendant’s home located in Dobong-gu Seoul Metropolitan Government Section B underground2, the Defendant would receive KRW 4 million for a e-mail card connected to the Defendant’s new bank account (Account Number: C) and lent the e-mail card to the above person who was unaware of his/her name through Kwikset Service.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes concerning A passbook and financial data on transactions;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

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;

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