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(영문) 부산지방법원 동부지원 2014.07.24 2014고정637
전자금융거래법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

In using and managing the means of access, no one shall transfer or lease the means of access, unless otherwise specifically provided for in any other Act.

Nevertheless, on November 18, 2013, the Defendant asked that “The Defendant shall give KRW 2 million to the monthly rent if the passbook is leased” from a person who has not been registered, and that “the Defendant shall not open a credit-free account because he is unable to do so, so he shall not open a passbook and a check card.”

On November 9, 2013, the Defendant received, from B, one passbook and one physical card in his name, respectively, from the post office account (C) and transferred the means of access used for electronic financial transactions by sending the means of electronic financial transactions from the Gyeongnam High-speed Terminal located in the Busan Middle-dong, Busan Metropolitan City to the names of the winners.

In using and managing the means of access, no one shall transfer or acquire the means of access, unless otherwise specifically provided for in any other Act.

Nevertheless, around November 17, 2013, the Defendant agreed to receive 2 million won per month from the Gannam bus terminal that assumes the position of D staff from the Gannam bus terminal located in Busan Metropolitan City, Busan Metropolitan City, and transferred the means of access by means of electronic financial transactions by delivering the post office passbook (G) and cash cards in the name of F.

Summary of Evidence

"2014, 637"

1. Defendant's legal statement;

1. A written statement prepared H and B;

1. A certificate of details of deposit transactions "2014 high-level 833";

1. Defendant's legal statement;

1. Application of the police protocol of statement to F;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning facts constituting an offense;

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. 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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