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(영문) 의정부지방법원 2019.01.29 2017고단1379
전자금융거래법위반
Text

Defendant

A shall be punished by imprisonment for four months, by a fine of 5,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. In using and managing a means of access, no person may borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act;

Nevertheless, on December 7, 2016, the Defendant promised to receive KRW 3 million if he/she borrowed his/her check from his/her nameless person. On December 12, 2016, the Defendant sent the check card to his/her nameless person via Kwikset through Kwikset service.

Accordingly, the Defendant promised to provide compensation and lent the means of access.

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

Nevertheless, around December 9, 2016, the Defendant issued a physical card connected to the Hbank account (I) in the office of managing the G apartment in Pyeongtaek-gun, Bupyeong-gun, the Defendant issued the physical card to the person who was unaware of the name through the home officer.

Accordingly, the Defendant transferred the means of access.

Summary of Evidence

[Defendant A]

1. Defendant's legal statement;

1. Statement of the police statement to J;

1. A receipt for account transfer, internal investigation report (execution of a warrant of seizure and reply), application for the opening of an account under A, details of account transaction, internal investigation report (data on warrant of seizure of the E Association), copy of E Association passbook, and (Defendant B);

1. Partial statement of the defendant;

1. Statement of the police statement to J;

1. Application of Acts and subordinate statutes on receipt for account transfer, report on internal affairs (execution of a warrant of seizure and reply), application for the opening of accounts under B, details of account transaction, receipt for account transfer, and details of H bank account transaction;

1. Defendant A: Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act; Defendant B who choose to imprisonment with labor: Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act; and choice of fines.

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