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(영문) 수원지방법원 안산지원 2018.04.19 2018고정140
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall transfer or take over any access medium.

When opening a securities account, etc., the Defendant was notified by bank employees, etc. that he/she would be subject to punishment when transferring or lending passbooks, cards, etc. to another person.

On September 2014, the Defendant: (a) opened a bank account under the name of the Defendant; (b) opened a new financial investment account (C); (C); and (D); (b) opened a securities account at the same place; (e); and (f) notified the name-oriented party of each of the cash cards in the name-based account (F); and (g) transferred each of the cash cards in the name-based account (G); and (b) transferred each of the cash cards in the name-based account (G); and (c) assigned the access media to the name-oriented party on two occasions; and (c) accordingly, it is determined that the change of the number would be recognized ex officio in light of the investigation record.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H, I, and J;

1. The K's statement;

1. Application of Acts and subordinate statutes to inquire about an application for account transactions, details of account transactions, certificate of deposit verification, and information about accounts;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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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