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(영문) 부산지방법원 동부지원 2016.01.18 2015고정1386
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,500,000.

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 August 2, 2013, the Defendant transferred the access medium to one’s own agricultural bank account (B) to another on his name, and the account was used for Bosing. On November 8, 2013, the Defendant was issued a summary order of KRW 500,000,000 by the Ji Government District Court for a violation of the Electronic Financial Transactions Act.

Thus, the defendant knew that he will be used for a crime if he lends his access media to a person who demanded access media, but around January 20, 2015, the defendant sent his check cards, etc. to his own Busan Bank Account (C) to his name in Busan High School through Kwikset Service Articles.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of a copy of the statement made to D prepared by the police;

1. Statement of an investigation report prepared by the prosecution (a criminal suspect A and attachment of the same criminal record);

1. Application of the Acts and subordinate statutes stated in an investigation report prepared by the police (including financial data and monetary statements);

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;

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