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(영문) 대전지방법원 2014.11.13 2014고정1724
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

No person shall transfer or take over a cash card or a passbook attached with his/her belt (a password necessary for the use of a cash card, a user number registered with a financial institution or an electronic financial institution), etc., or establish a pledge, lease or take over such means of access in return for compensation, arrange the lending or taking such means of access, etc.

On June 30, 2014, around 18:00, the Defendant reported a text message to the effect that a securities company will pay cash at its own house located in Pyeongtaek-si B, if it lends the securities company’s account, and contacted the Defendant to receive KRW 4.5 million per month on the condition that he/she lends the means of access to electronic financial transactions.

After opening an account (C) instead of the same day, the Defendant sent the account number and the password of cash cards to the names in telephone, and sent a cash card to the above names in lieu of the Defendant’s name via Kwikset Service Articles.

Accordingly, the Defendant lent the means of access for electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of trade-related Acts and subordinate statutes;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is the defendant who is the primary offender, confessions, and is in depth against the order of provisional payment.

In this context, considering all the circumstances such as the defendant's age, character and conduct, and circumstances after the crime, the punishment is determined as ordered.

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